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 C complained the Council wrongly granted his neighbour planning permission for extensions which overlooks his property and impacts his privacy. The Council agreed it had applied the law and its policy incorrectly, and the development may not have been approved. It sought to mitigate the impact and offered Mr C a remedy in line with the District Valuer’s assessment. We found the Council’s apology and proposed remedy was appropriate to acknowledge the impact its fault caused.

Summary: We will not investigate this complaint about the Council’s handling of a planning application for a development close to a property Mr X owns. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

Summary: Ms D complained on behalf of Mr C that the Council, in respect of building work carried out by his neighbour, had failed to investigate breaches of planning control properly or take enforcement action to ensure the breaches were put right. We have not found fault with the actions of the Council.

Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant has a right to appeal to the Planning Inspector. It is unlikely an investigation would add to the Council’s response about the concerns the complainant raised in relation to his planning application fee.

Summary: We will not investigate this complaint about how the Council dealt with a building control matter. This is because it is unlikely we could achieve a worthwhile outcome for the complainant.

Summary: We will not investigate this complaint about the Council’s refusal to remove flags placed without planning permission. This is because the Council have since removed the flags. Further investigation is unlikely to achieve anything more.

Summary: We will not investigate this complaint about the Council’s response to concerns raised by Mr X about the activities of a neighbour. This is because we are unlikely to find evidence of fault by the Council or injustice caused to Mr X sufficient to warrant an investigation.

Summary: We will not investigate this complaint about a building control matter. This is because we cannot investigate the actions of the private company complained about. Also, there is no evidence of fault by the Council.

Summary: X complained about the Council’s decision to approve an outline planning application on land behind X’s home. We did not investigate this complaint further. This is because we have seen no evidence to suggest we would find fault, recommend a remedy or reach any other meaningful outcome.

Summary: We will not investigate this complaint about how the Council dealt with applications for prior approval. This is because we are unlikely to find fault.

Summary: Mr X, on behalf of his daughter Ms Z, complained the Council refused to refund a planning application fee as required by the planning guarantee. The Council failed to either determine the planning application within 26 weeks or reach a written agreement with the applicant to extend this timescale. This is fault. The Council will apologise and refund the application fee.

Summary: We will not investigate this complaint about how the Council handled Mr X’s planning application. Mr X used his right to appeal the decision to the Planning Inspector. He also had the right to appeal to the Planning Inspector about delays, and there is not a good reason for us to consider the matter instead.

Summary: We will not investigate this complaint about how the Council dealt with breaches of planning control. This is because the complainant has appealed, or could have appealed, to the Planning Inspector.

Summary: We will not investigate this complaint about how the Council dealt with a building control matter. This is because it is unlikely we could achieve a worthwhile outcome for the complainant.

Summary: We will not investigate Mr X’s complaint about the Council’s decision to approve his neighbour’s planning application and a later decision to approve a variation to the plans. We cannot add to the Council’s investigation into the original application and there is not enough evidence of fault in the Council’s decision to approve the variation.

Summary: We will not investigate this complaint about the Council’s decision to grant planning permission to develop land which the complainant says is a full and free right of way. We cannot determine the status of the land. Nor can we require the Council to withdraw the planning permission. Both of which are outcomes the complainant is seeking.

Summary: We will not investigate Mr X’s complaint about the Council’s view that he does not have permission for the use of a property as a children’s home. The issue is a matter for the planning/appeals process and it is unlikely we could achieve any worthwhile outcome for Mr X.

Summary: We cannot investigate this complaint because the Council is not responsible for the issue Mr X complains about.

Summary: We will not investigate this complaint about the Council’s handling of a planning application. This is because there is not enough evidence of fault to justify an investigation.