London Borough of Lewisham (21 001 341)

Statement Closed after initial enquiries Enforcement 09-Feb-2022

Summary: We will not investigate this complaint about the Council’s involvement with noise from a restaurant vent. Our involvement would not lead to a different outcome.

Broadland District Council (20 012 144)

Statement Upheld Enforcement 08-Feb-2022

Summary: Mr and Mrs X complain about the Council’s handling of their concerns about business units that neighbour their home. There was no evidence of procedural fault in the Council’s handling that allows us to question the merits of its decision-making in relation to planning enforcement and noise nuisance. The Council has agreed to make a payment to Mr and Mrs X in addition to the apologies it had already made for delays in its correspondence.

Gateshead Metropolitan Borough Council (21 006 221)

Statement Not upheld Enforcement 08-Feb-2022

Summary: Mr T complains about the Council’s actions relating to an unrecognised footpath, which no longer exists due to a new housing development. He says the closure of the route has had a negative impact on his life and caused him distress. We do not find fault in the actions of the Council. As the route was unrecognised, there was no formal process required to close it, and the Council has provided the correct information to Mr T about how he could apply for recognition of the route.

Maidstone Borough Council (21 014 985)

Statement Closed after initial enquiries Enforcement 08-Feb-2022

Summary: We will not investigate Mr X’s complaint about the Council’s handling of several planning matters. His complaints about the Council’s actions in 2016 and 2019 are late and its more recent decision to close an investigation into a potential breach of planning control relating to a boundary fence does not cause Mr X significant injustice. We cannot investigate Mr X’s complaint about the Council’s handling of his planning application as he has used his right of appeal to the Planning Inspectorate.

Liverpool City Council (21 007 505)

Statement Not upheld Enforcement 07-Feb-2022

Summary: We found no fault in how the Council decided not to take enforcement action after it found no material change of use had taken place on land near Mr X’s home.

London Borough of Bexley (21 001 336)

Statement Upheld Enforcement 04-Feb-2022

Summary: Mrs Y complained about the way the Council dealt with planning issues regarding a fence erected along her property’s boundary. We have found fault by the Council in the way it responded to her concerns, but not with the way in which it made its decision about enforcement action. The Council has agreed to remedy the injustice this fault caused by apologising and making a payment to Mrs Y to reflect her distress and time and trouble.

Bury Metropolitan Borough Council (21 014 748)

Statement Closed after initial enquiries Enforcement 04-Feb-2022

Summary: We will not investigate this complaint about the Council deciding it cannot take action against work carried out by the complainant’s neighbour. We are unlikely to find fault affected the Council’s decision.

Sunderland City Council (21 011 074)

Statement Closed after initial enquiries Enforcement 03-Feb-2022

Summary: We will not investigate this complaint about the Council’s handling of a breach of planning control at a property next to the complainant. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault in the way the Council reached its decision on the planning enforcement issue, and the Information Commissioner’s officer is better placed to consider the alleged breach of data protection laws.

Herefordshire Council (21 014 634)

Statement Closed after initial enquiries Enforcement 03-Feb-2022

Summary: We will not investigate this complaint about the Council’s decision to invite a retrospective planning application for unauthorised works to a building close to Mr X’s home. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

London Borough of Hillingdon (21 015 285)

Statement Closed after initial enquiries Enforcement 03-Feb-2022

Summary: We will not investigate this complaint about the enforcement action the Council has taken against the complainant for a breach of planning control. This is because the complainant has already appealed to the Planning Inspector. He can also appeal against the Council’s decision to refuse his application for a Certificate of Lawful Development. The complainant’s concerns about compliance with the enforcement notice are better dealt with by the courts.