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

Summary: We will not investigate this complaint about the Council’s handling of planning matters associated with a site the complainant had occupied. It is reasonable to expect the complainant to have contacted us sooner, we cannot look at the court action the Council took against the complainant, and there is not enough evidence of fault regarding the events in 2019.

Summary: We will not investigate this complaint about how the Council dealt with a planning application. 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 has appealed to the Planning Inspector. The complainant’s concerns about how the Council dealt with her information request are better dealt with by the Information Commisioner's Office.

Summary: We will not investigate this complaint about the Council’s provision of highways access advice to the local planning authority in relation to Mr X’s and Mr Y’s proposed development. This is 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 pre-application advice given to Mr X and Mr Y. This is because we are unlikely to find evidence of fault by the Council.

Summary: We will not investigate this complaint about issues connected to the way the Council processed prior approval applications, issued planning enforcement notices, and demolished an outbuilding. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is too late to complain about the prior approval applications. And the complainant has appealed to the Planning Inspector against the enforcement notice. Therefore, this matter is outside our jurisdiction.

Summary: We will not investigate Mr X’s complaint about a building control matter. This is because it is unlikely we could achieve any worthwhile outcome for Mr X. The courts are better placed to decide if Mr X is entitled to compensation and who, if anyone, is liable for his family’s health issues.

Summary: We will not investigate this complaint about how the Council dealt with a possible 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 decision not to enforce against his neighbour’s fence and how it dealt with his complaint. There is not enough evidence of fault in the Council’s planning enforcement decision-making process to justify investigation. We do not investigate council complaint-handling where we are not investigating the core issue giving rise to the complaint. We cannot achieve the outcome Mr X wants.

Summary: We cannot investigate this complaint from a parish council about the Council’s handling of planning enforcement matters. This is because we cannot investigate complaints from public bodies such as parish councils.

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 this complaint about the Council’s failure to act against a breach of planning control and failure to follow building regulations. There is not enough evidence of fault in the Council’s actions.

Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because Mr X has not suffered significant personal injustice.

Summary: Mr X complained the Council provided him with wrong planning advice, which cost him more money. Mr X said this distressed him and impacted him financially. There was fault in the way the Council did not record the pre-application advice and communication with the Council was poor. Mr X was frustrated by this and caused uncertainty during the application. The Council should apologise and make a financial payment.

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

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 also had the right to appeal if he disagreed with the amount the Council said he must pay for the Community Infrastructure Levy.

Summary: We will not investigate this complaint about the Council’s decision to approve a road junction close to the complainant’s home more than ten years ago. Given the passage of time since the decision was made it is too late to complain about this now. Also, if Mr X believes the Council holds incorrect information about him, it is reasonable to expect him to contact the Information Commissioner’s Office on this point.