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 planning permission and planning enforcement because the injustice cannot be assessed at this stage.

Summary: We will not investigate this complaint about planning enforcement because there is no evidence of fault.

Summary: We cannot investigate Mrs X’s complaints about the Council’s handling of her family’s planning applications and her claimed losses totalling more than £150,000. This is because she used her right of appeal to the Planning Inspectorate to challenge the Council’s decision to refuse the application the losses relate to and if she disagreed with the Council’s decisions on any other applications it would have been reasonable for her to appeal. We will not investigate Mrs X’s remaining concerns as they fall outside our time limit for investigation, relate to matters which did not cause her significant injustice and are issues more appropriate for the Information Commissioner and the courts.

Summary: We cannot investigate Mrs X’s complaint about the Council’s service of a planning enforcement notice regarding a structure on her land, and later court action to enforce the structure’s removal. Mrs X used her Planning Inspectorate appeal right against the Council’s planning enforcement notice which means we cannot investigate. We also cannot investigate the start of the legal action against her, including what happened in court during that action.

Summary: We will not investigate this complaint about how the Council dealt with a planning application and a possible breach of planning control. This is because we are unlikely to find fault. It is not yet possible to determine if the complainants have suffered any significant injustice because of any alleged fault with the Council’s enforcement investigation.

Summary: We found no fault on Mrs P’s complaint about the Council’s planning enforcement team failing to take prompt and effective action against an unauthorised development. The environmental health team delayed responding to her initial report, failed to contact her after receiving the developer’s response to her reports, and failed to provide evidence of visits to her home. It also failed to produce a written nuisance assessment or give her written feedback. The agreed action remedies the injustice caused.

Summary: Ms T complains the Council failed to follow its planning enforcement policy when investigating her reports of planning breaches. There was fault, and the Council has agreed a remedy.

Summary: Mr X complained about the Council’s actions in relation to alleged planning control breaches at a development near to his home and about poor communication. We found fault because the Council did not act in a timely manner when beginning its investigation into the breaches and its communication was poor overall. To remedy the injustice caused by this fault, the Council has agreed to apologise, make a payment to Mr X and issue reminders to relevant officers.

Summary: We will not investigate this complaint that the Council failed to provide assistance when the complainant reported concerns about his neighbour’s building works.

Summary: We will not investigate this complaint about the Council’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 Council.

Summary: We will not investigate this complaint about the process the Council followed leading to its decision to grant planning permission. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The law says we cannot investigate a complaint where someone has started court action on the matter.

Summary: Mr X complained about a partially built residential development on land next to his home, which has been left by a developer for several years. He said the Council failed to take adequate enforcement action and failed to properly consider its available powers. We found procedural and case handling faults when the Council took formal enforcement action. However, this did not cause Mr X significant injustice. The Council did secure an improvement in the condition of the land, and there was no fault in the Council’s decision to withdraw court proceedings and stop formal action.

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

Summary: We cannot investigate this complaint made by a parish council about the Council’s handling of a planning application. This is because we cannot investigate complaints made by public bodies.

Summary: We will not investigate this complaint that the Council’s building control and planning departments failed to communicate with each other about whether the complainant had the necessary approvals for building works. There is no evidence of fault by the Council.

Summary: Mr X complained the Council did not follow its scheme of delegation when determining a planning application. We have found fault with the Council for failing to consult the relevant ward member. This caused Mr X frustration, but we do not consider that the outcome of the application would have been any different but for the fault.

Summary: X complained about the Council’s decision to charge a full planning application fee for their development proposal. We found no fault in the way the Council made its planning decision.

Summary: X complained about the Council’s decision not to take further enforcement action. We ended our investigation as it was unlikely to result in a finding of fault, a remedy for X or any other meaningful outcome.

Summary: We will not investigate Mr X’s complaint about his land being designated as local green space in a Neighbourhood Development Plan as we cannot investigate the Parish Council’s actions.

Summary: We will not investigate this complaint about the way the Council considered a planning application for an outbuilding. There is not enough evidence of fault affecting the planning outcome, so the complainant has not been caused a significant injustice.

Summary: We will not investigate this complaint about the Council’s decision to approve a planning application. There is insufficient evidence of fault in the Council’s actions to justify an investigation.

Summary: We will not investigate Mr X’s complaint about the Council’s decision not to take planning enforcement action against his neighbour. This is because there is not enough evidence of fault affecting the decision.

Summary: We will not investigate this complaint about the Council’s handling of a planning enforcement matter. This is because there is not enough evidence of fault by the Council or to show its actions caused Mrs X significant injustice.

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

Summary: X complained about the Council’s decision not to take planning enforcement action against a neighbour’s development. We ended our investigation as it was unlikely to result in a finding of fault, a remedy for X or any other meaningful outcome.