New planning complaint decisions

A weekly update on planning complaint decisions

Please note: our decisions are published six weeks after they are issued to councils, care providers and the person who has made the complaint. The cases below reflect the caselaw and guidance available at the time of issue and the individual circumstances of each case.


Summary: Mr X complains the Council failed to properly consider the impact of a neighbour’s plan for an extension. He says his house and garden will be overshadowed by the extension. We find there was fault by the Council. However, the outcome would not have changed.

Summary: We will not investigate this complaint about the Council’s handling of Ms X’s neighbour’s planning application. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

Summary: We will not investigate this complaint about the Council’s refusal to take planning enforcement action against a structure erected by Mr X’s neighbour. There is insufficient evidence of fault which would warrant an investigation.

Summary: We will not investigate this complaint about the Council’s handling of a reported breach of planning control. This is because the complaint is late.

Summary: We will not investigate this complaint about the Council’s decision to approve a planning application. There is insufficient evidence of fault in the Council’s actions to justify an investigation.

Summary: We will not investigate Mrs X’s complaint that the Council signed off building work to her property which was not compliant with the Building Regulations. This is because the courts have decided councils do not take on responsibility for substandard work. We cannot therefore say the Council must pay for the cost of remedial works to her property or that it must refund her inspection fees.

Summary: We will not investigate this complaint about a sequence of planning applications, because there is not a good reason for the delay in bringing matters to the Ombudsman. Other aspects of the complaint are better dealt with by the Council or the Information Commissioner’s Office.

Summary: We will not investigate Mr X’s complaint about alleged damage to his property from his neighbour’s building work. This is because we cannot hold the Council responsible for any damage; this is a private civil matter between Mr X and his neighbour/their builder.

Summary: We will not investigate this complaint about the Council’s decision to approve a planning application. There is insufficient evidence of fault in the Council’s actions to justify an investigation.

Summary: Group X complained about the Council’s decision to grant planning permission for development in the countryside against its planning policies. We found no fault in how the Council reached its decision to grant planning permission.

Summary: We will not investigate this complaint about the Council’s handling of planning applications or enforcement investigations in relation to property in Mr X’s locale. This is because past events fall outside our jurisdiction due to the passage of time and with regard to recent enforcement investigations, we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

Summary: We will not investigate this complaint about planning enforcement because there is no evidence of fault by the Council and a right of appeal existed to the Planning Inspector.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of a reported breach of planning control. This is because there is not enough personal injustice to Mr X to justify investigating.

Summary: We will not investigate Mrs X’s complaint about the Council’s handling of a planning application for a development near her home because there is not enough evidence of fault to warrant an investigation.

Summary: We will not investigate this complaint about the Council’s failure to provide information in 2013. The complaint is late, and we have seen no good reason to exercise our discretion to investigate.

Summary: Group X complained about the Council’s decision to approve details of development they said were out of character for the local area. We found fault by the Council, but it did not affect its decision to approve the development details.

Summary: We will not investigate this complaint about planning enforcement because there is no evidence of fault by the Council.

Summary: We will not investigate Mrs B’s complaint about the Council’s handling of a planning application and the related enforcement case. This is because there is not enough evidence of fault by the Council or that Mrs B has suffered a significant personal injustice. We also cannot achieve the outcome Mrs B wants.

Summary: Mrs X complains about how the Council has dealt with her complaint regarding an alleged breach of planning conditions at a development next to her property. She also complained about the Council’s lack of action. We find the Council was at fault for initially closing the investigation without gathering the necessary information. This caused significant distress to Mrs X who spent time and trouble contacting the Council. The Council has agreed to several recommendations to address this injustice caused by fault.

Summary: We will not investigate this complaint about how the Council dealt with a retrospective planning application. This is because it is unlikely an investigation would add to the Council’s response and the complainant has not suffered any significant injustice.

Summary: We will not investigate this complaint about the Council’s decision to approve a planning application for changes to parking facilities and traffic flow at a site close to the complainant’s home. We have not seen sufficient evidence of fault in the way the Council made its decision. Nor can we require the Council to revoke the planning permission.

Summary: We will not investigate this complaint about the Council’s decision to accept information on a planning application which he considers is unfit for purpose. There is not enough evidence of fault in the way the Council decided to accept the information. Also, we cannot achieve the outcome the complainant is seeking.

Summary: We will not investigate this complaint about how the Council dealt with the complainant’s concerns about damage caused to her home by her neighbour’s building work. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate.

Summary: We will not investigate this complaint about the Council charging more for drafting a variation on a planning permission than was suggested in its pre-application advice. There is not enough evidence of fault to justify an investigation.

Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because the complainant has the right to appeal to the Planning Inspector.

Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant had the right to appeal to the Planning Inspector.

Summary: Mr X complains about the Council’s decision to approve a planning application to extend to a neighbouring property causing him distress and potential financial loss. We have found no evidence of fault in the way the Council considered these matters. So, we have completed our investigation.

Summary: We cannot investigate this complaint about the Council failing to take appropriate enforcement action against breaches of planning control, because we have no power to investigate complaints made by public bodies.