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 complained the Council has not taken enforcement action in relation to breaches of planning control at a site near his home. We found some evidence of fault by the Council, but this did not affect its decision not to take formal enforcement action. The Council agreed to apologise to Mr X for the frustration and uncertainty caused by the fault we found.

Summary: Mr X complained about the Council’s handling of an alleged breach of planning control in his neighbour’s garden. We have found no fault with the Council’s actions. It took quick and effective action to resolve the situation and followed correct procedures.

Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for his neighbour’s extension in 2020. His complaint is late, and we have not seen any good reasons to exercise discretion on this point. Also, we cannot achieve the outcome the complainant is seeking.

Summary: We will not investigate this complaint about the Council’s decision to issue a Certificate of Lawful Development for a property to be used as a residential home for children. There is not enough evidence of fault in the decision-making process to justify an investigation. Also, we cannot achieve the outcome the complainant is seeking.

Summary: We will not investigate this complaint about the Council’s consideration of a householder planning application. There is not enough evidence of fault in the way the Council assessed the application.

Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning applications and a breach of planning control. This is because the complainant has appealed to the Planning Inspector. It is unlikely we would find fault in relation to the remaining issues complained about.

Summary: We will not investigate this complaint about the way the Council has responded to the complainant’s correspondence regarding a planning application. There is not enough evidence of fault by the Council causing the complainant a significant personal injustice.

Summary: We will not investigate this complaint about a planning refusal because an appeal to the Planning Inspector has been used.

Summary: We will not investigate this complaint about the Council’s failure to notify Mr X of the requirement to submit information at the relevant time to qualify for a self-build exemption for the Community Infrastructure Levy (CIL). This is because there is no evidence to suggest fault by the Council.

Summary: We will not investigate this complaint about how the Council consulted residents about a proposed development scheme in the area where the complainant lives. This is because the complainant has not suffered significant injustice as a result of the alleged fault.

Summary: We will not investigate Mr B’s complaint about the Council not taking planning enforcement action against his neighbour. This is because there is not enough evidence of fault to justify an investigation.

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. The complainant has not suffered any significant injustice in relation to the remaining issues complained about.

Summary: We will not investigate this complaint about the Council’s lack of planning enforcement action. We consider further investigation will not lead to a different outcome at this time.

Summary: We will not investigate this complaint about the Council’s failure to comply with pre-application protocols. We cannot require the Council to pay the complainant’s legal fees, therefore we cannot achieve the outcome sought.

Summary: Mrs X complained about the Council’s response when she reported breaches of planning permission on a development site near her home. She also complained that the Council failed to follow due process when granting planning permission to increase the number of houses on the site. We found the Council was at fault in failing to update Mrs X and in failing to show it considered case law she referred to. The Council has agreed to apologise to Mrs X. We did not uphold the remainder of Mrs X’s complaint.

Summary: Mrs X complained the Council has failed to take timely and appropriate action in relation to breaches of planning control at a site next to her home. She complained the new houses loom over and reduce the natural light and privacy to her home. The Council’s failure to properly consider his matter and the delay in identifying and informing Mr and Mrs X that the new houses had been built in accordance with approved plans is fault. As are the significant delays in determining the retrospective application. These faults have caused Mrs X an injustice.

Summary: Mr D complains the Council delayed seeking compliance with a planning Enforcement Notice. We have not found evidence of fault by the Council and have completed the investigation and not upheld the complaint.

Summary: We will not investigate this complaint about the Authority’s handling of a planning application for development at a site close to Mr X’s home. This is because we are unlikely to find evidence of fault by the Authority or injustice caused to Mr X sufficient to warrant an investigation.

Summary: We will not investigate this complaint about the response the Council provided to a consultation request for a planning application. This is because we are unlikely to find fault.

Summary: We will not investigate this complaint about the Council’s building control service. This is because we are unlikely to find fault.

Summary: We will not investigate this complaint about the way the Council decided to approve planning applications for a neighbouring property. We have not seen evidence of fault in the process the Council followed before making its decisions. Also, we will not investigate a complaint about a failure to follow the complaint procedure as it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.