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: X complained the Council failed to be transparent when granting permission to a neighbouring development and failed to notify them about the proposal. They said the Council failed to consider the impact on wildlife and did not investigate alleged breaches of planning permissions. X also said the Council did not have regard for local and national planning policies when making its decision. We have not found the Council acted with fault.

Summary: We will not investigate this complaint about the way the Council considered a planning application because the planning application has not yet been decided and so any injustice is speculative.

Summary: We will not investigate this complaint about the Council’s approval of a planning application. The complaint is late and we have seen no reason why Mr X could not have contacted the Ombudsman much sooner.

Summary: We will not investigate this complaint about the approval of a planning application for a new property and later decisions not to take enforcement actions against breaches of planning control. Planning permission was given by the Planning Inspectorate and is therefore outside our jurisdiction. And we have seen no evidence of fault in the way the Council’ decided not to take enforcement action against breaches of planning control.

Summary: We will not investigate Mrs X’s complaint about the Council’s planning process, granting permission for a development with a change of cladding and roof materials near her property, not telling the Town Council of the materials change, and one of its complaint responses. Even if there has been fault in the Council’s planning process and decision, there is insufficient significant personal injustice caused to Mrs X by the matters complained of to warrant us investigating. We do not investigate council complaint‑handling where we are not investigating the core matter which gave rise to the complaint.

Summary: We will not investigate this complaint about the conduct of Council officers. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We cannot investigate complaints made by public bodies such as parish councils.

Summary: We will not investigate this complaint about how the Council dealt with planning applications for developments in the area where the complainant lives. This is because it is not yet possible to determine if the complainant has suffered any significant injustice because of the alleged fault.

Summary: Mr X complains about structures erected near his property that he considered were unsafe and erected without the appropriate planning permission. Mr X complained the structures were causing significant light glare into his property resulting in a loss of amenity. I have concluded my investigation having not made a finding of fault. Whilst I acknowledge that Mr X was subjected to light glare, I have not found evidence of fault by the Council in how it resolved the matter. Further, the evidence demonstrates that the Council visited the site where Mr X raised concerns about the safety of the structures and did not observe the structures to be dangerous.

Summary: Mr X said the Council had not properly dealt with a planning application for development which badly affected his home. We found no fault in how the Council decided to grant the development planning permission.

Summary: We will not investigate Mr X’s complaint about the Council’s failure to take planning enforcement action against his neighbour. This is because the injustice Mr X claims stems from the actions of his neighbour, whom he believes has encroached onto his property, rather than any fault by the Council.

Summary: We will not investigate Mr X’s complaint about the Council’s decision to grant planning permission for extensions to his neighbour’s property, nor its decisions on planning enforcement reports he made about the development. There is insufficient evidence of fault by the Council in its planning permission and enforcement decision-making processes to warrant us investigating.

Summary: We cannot investigate this complaint about the Council’s decision to refuse listed building consent. The complainant has exercised her right of appeal to the Planning Inspector. We have no jurisdiction to investigate in these circumstances.

Summary: We will not investigate this complaint about changes to a planning permission. This part of the complaint is late and we have seen no reason why Mr X could not have complained to us much sooner. Also, we will not investigate his concerns about freedom of information as he has already raised this matter with the Information Commissioner’s Officer. We consider this is the appropriate body to consider this part of the complaint.

Summary: Mr X complained the Council failed to properly consider a planning application which will allow an unacceptable development and cause issues of overlooking and loss of daylight. We found fault by the Council but consider the agreed action of an apology, symbolic payment and guidance to staff provides a suitable remedy.

Summary: We will not investigate Ms X’s complaint about a crane erected on a building site near her property. There is insufficient evidence of fault and if Ms X feels the developer has trespassed or caused damage to her property, this is a private matter which is best considered by a court.

Summary: We will not investigate this complaint about the Council’s handling of a planning enforcement case. There is not enough evidence of fault by the Council causing the complainant a significant injustice.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of and decision on his planning application for a rear extension. Mr X used his right of appeal to the Planning Inspectorate against the Council’s decision to refuse his application, which takes that planning matter outside our jurisdiction.

Summary: We have discontinued our investigation into Mr X’s complaint about how the Council dealt with a planning application for a development near to his home. We are unlikely to find fault in the Council’s actions, we cannot achieve the outcome Mr X wants and there is not enough evidence Mr X has suffered a significant injustice.