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 has not dealt properly with a planning application near his home. The Council is not at fault.

Summary: Ms X complains about the Council’s handling of matters relating to the installation of a footpath and road widening at a development site in her locale. We will not investigate the complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

Summary: We will not investigate this complaint about the Council’s implementation of a Community Infrastructure Levy because there is a right of appeal to a Planning Inspector.

Summary: We will not investigate this complaint about how the Council dealt with the complainant’s applications for a Lawful Development Certificate. This is because the complainant has appealed, or has the right to appeal, to the Planning Inspector. We are unlikely to find fault in relation to the remaining issues complained about.

Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because we are unlikely to find fault.

Summary: We will not investigate this complaint about the Council’s decision that Miss X’s neighbour has not breached planning control and encroached over her boundary. We are unlikely to find evidence of fault by the Council.

Summary: We will not investigate this complaint about the Council failing to take appropriate enforcement action against noise nuisance and breaches of planning control at a site near the complainant’s home. There is not enough evidence of fault in the way the Council has handled these issues, and we cannot achieve the outcome the complainant is seeking.

Summary: We will not investigate this complaint about the grant of planning permission as the complaint is out of time.

Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because we are unlikely to find fault.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of his planning and ‘Sustainable Warmth’ scheme applications. This is because there is not enough evidence of fault by the Council to warrant investigation.

Summary: We will not investigate this complaint about the Council’s handling of the sale of a piece of land in Ms X’s locale and a subsequent planning application made in relation to it. This is because the complaint is a late complaint due to the passage of time and so falls outside our jurisdiction.

Summary: We will not investigate Mrs X’s complaint about planning delays. We are unlikely to find significant fault or that she has been caused significant injustice which needs a remedy.

Summary: Mr X complained about the Council’s delayed response to a breach of planning control at a development near his house and poor communication and complaints handling. The Council was at fault. Council departments did not liaise when Mr X first complained which was not in line with its enforcement policy and though we cannot show the outcome would have been different, Mr X is understandably disappointed and uncertain about what might have happened if the fault had not happened. The Council was also at fault for poor complaints handling which caused Mr X frustration, uncertainty and time and trouble. The Council will apologise, pay Mr X a symbolic payment and put in place service improvements.

Summary: Ms X complained about the Council’s handling of a planning application for a large scale energy development, including its interpretation of policies and she said it misadvised the Planning Committee, affecting how the Committee considered the application. We did not find fault with the Council with these concerns. We found fault with the Council’s complaint handling, and it has agreed to remedy the injustice caused.

Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action against unauthorised development at the property of Ms X’s neighbour. This is because we are unlikely to find evidence of fault by the Council.

Summary: We will not investigate this complaint about how the Council dealt with prior approval applications. This is because the complainant has not suffered significant injustice as a result of the alleged fault.

Summary: We will not investigate Mr X’s complaint about the Council’s decision not to enforce against advertising signs in car parks in his area. Even if there has been Council fault here, the matters complained of do not cause Mr X sufficient significant personal injustice to warrant us investigating.

Summary: We will not investigate this complaint about the Council for allegedly failing to take enforcement action in response to a breach of planning law. This is because the evidence shows the Council is monitoring the situation and is actively considering its legal powers to take enforcement action. The Council has not ruled out taking enforcement action and is waiting on future events. There is insufficient evidence of fault to warrant an investigation.

Summary: We will not investigate this complaint about how the Council dealt with a planning application and a breach of planning control. This is because we are unlikely to find fault.

Summary: We will not investigate this complaint about the Council’s decision to issue a Certificate of Lawfulness of Existing Use or Development. We do not consider the complainant has suffered a significant personal injustice because of the Council’s actions. Nor do we consider that an investigation would lead to a different outcome.