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 Council’s handling of a planning enforcement case. It is reasonable to expect the complainant to have contacted us sooner in relation to the earlier events, there is not enough evidence of fault in the way the planning enforcement decision was reached, and the Council has now taken appropriate action in response to the complaint.

Summary: We will not investigate this complaint about the Council’s handling of planning matters relating to Mr X’s planning applications and a planning enforcement visit to a site he owns. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation and because Mr X had appeal rights to the Planning Inspectorate which we would reasonably have expected him to have used.

Summary: We will not investigate Mr X’s complaint about the Council not enforcing against his neighbour’s roof light window. There is not enough evidence of fault in the Council’s planning enforcement process to warrant us investigating, and we cannot achieve the outcome Mr X seeks from his complaint.

Summary: We cannot investigate this complaint about the way the Council determined the complainant’s planning application. This is because the complainant exercised a right of appeal to the Planning Inspectorate in relation to the issues raised. The law says we cannot investigate in these circumstances.

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 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 how the Council dealt with a breach of planning control. This is because it is not yet possible to determine if the complainant has suffered any significant injustice as a result of the alleged fault.

Summary: We will not investigate this complaint about planning enforcement delays as there is no evidence of fault by the Council.

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

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.

Summary: Mr J complains about issues relating to a planning application by his neighbour. He says the Council should have done more to consider his objections and investigated further. It also missed important issues of ownership in its investigation. Our decision is there was no fault by the Council, so we cannot question the merits of the Council’s decision.

Summary: We will not investigate this complaint about the Council’s decision not to change a section 106 planning agreement which restricts Ms X’s ability to sell her affordable home. This is because there is no evidence to suggest fault by the Council sufficient to warrant an investigation.

Summary: We will not investigate this complaint about the way the Council dealt with a planning application. There is insufficient evidence of fault in the Council’s actions. And we cannot achieve the outcome the complainant is seeking. Nor will we consider the part of the complaint about the complaint’s process as we do not consider Mr X has suffered a significant personal injustice on this point.

Summary: We will not investigate Mrs X’s complaint that the Authority refused consent for a local landowner to continue to operate a car park on their land. This is because the Planning Inspectorate, rather than the Authority itself, is responsible for the final decision on the matter and we cannot question or reopen it.

Summary: Mr X complained the Council failed to take enforcement action over unauthorised development of a listed building. We did not find fault in the Council’s approach to dealing with planning enforcement complaints, or in its consideration of retrospective planning applications. However, the Council was at fault for delays, poor communication, and lack of proper oversight. The Council agreed to provide a suitable remedy.

Summary: X complained about the Council’s decision not to take enforcement action in relation to a listed building. We did not investigate the complaint further because we were unlikely to find fault, recommend a remedy for X or reach any other meaningful outcome.

Summary: We will not investigate this complaint about the way the Council considered a planning application for a site next to the complainant’s home. We have not seen enough evidence of fault to justify an investigation.

Summary: Mrs X and Mr Z complain that the Council has failed to take appropriate enforcement action against a neighbour for planning breaches, or delayed action when it said it would. We did not find fault with how the Council came to its decision not to take further action for one breach. We found fault with delays in its investigations. The Council has agreed to our recommendations to remedy the injustice caused.

Summary: We will not investigate this complaint about the Council’s decision to allow a housing development to be built close to Mr X’s property. This is because it is a late complaint and because an investigation would be unlikely to find fault by the Council which caused Mr X injustice.

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 how the Council dealt with planning applications and possible breaches of planning control. This is because parts of the complaint are late. We are unlikely to find fault and the complainant has not suffered significant injustice in relation to the remaining issues complained about.

Summary: We will not investigate Mrs X’s complaint about the Council not enforcing against a neighbour’s opening side window and how it has acted in response to her reports. There is not enough evidence of fault in the Council’s planning enforcement decision-making process to warrant us investigating. Mrs X’s concerns about future impacts from other build elements are speculative and cause insufficient injustice to warrant investigation.