Feedback scenarios
Before making a formal complaint about the Planning Service check out the following common feedback scenarios to see if this answers your complaint.
Complaining about a current planning application
If you are unhappy with how your planning application was handled, you can use the online complaint form.
Our feedback team will aim to respond to you within 10 working days.
If you wish to complain about the decision of your planning application, as the applicant you have the right to appeal. You can find out how to do this by viewing your decision notice, talking to the case officer or your agent if you have one.
If the application is current and live, your complaint will not be handled as a formal complaint at this stage. This is because there is still time for your concerns to be addressed.
At this stage you can also submit comments towards the application. You can comment up till the day the decision is issued.
Your views will be reviewed by the case officer and addressed in the officers report.
You can check if an application is ongoing by visiting the Online Planning Register.
- Search on the address or application number.
- Click on the ‘important dates’ tab.
- This will tell you if the decision has been issued.
- If the decision has been issued the application is ‘closed’ for comment.
For further advice check our ‘How to respond to planning applications’ webpage.
How to respond to planning applications
You will be told how to refer the matter to the Local Government and Social Care Ombudsman (LGSCO). You will be given this information if you have been through our formal complaint process.
The LGSCO will not investigate a complaint because you do not agree with the planning decision. They have no power to change the decision.
The Local Planning Authority failed to notify the public of a planning application
- We need to notify the public of receipt of planning applications.
- We have several ways of consulting the public.
Each way depends on the application type.
Advertisements in the local press
From 1 May 2014 only applications in the following list will be advertised in the local press.
- Environmental Impact Assessment applications accompanied by an Environmental Statement.
- Applications that are a Departure from the Development Plan
- Applications affecting a public right of way
- Applications for “major” development
- Applications for Listed Building Consent
- Applications for planning permission for works affecting a Listed Building or its setting
- Applications for planning permission affecting the character or appearance of a Conservation Area.
- Prior Notifications for Telecommunications
Site notices
Site notices are placed at or around the proposed development. Site noticed are not usually placed if the application is for works around the home. This application type is a Householder.
Neighbour notification letters
Once a planning application has been registered, letters will be sent to immediate neighbours. An immediate neighbour is someone whose property directly adjoins the proposed site. Not someone who lives up the road or opposite. These letters will notify the neighbour of the proposed planning works. If you are a neighbour, the letter will inform you how to provide comments. It will let you know that you have 21 days to comment.
The Council also publishes details of all applications received on the online planning register.
The case officer failed to assess your objection
Find out if the officer has addressed your concerns in their report. You will find their report in the documents section on the online planning register. You will need to search the application reference first.
If your comments have been addressed within the officer report, you should not complain because you do not agree with their decision. You are not be able to alter the decision because you have a different opinion to the case officer.
Unable to speak to the case officer
Each case officer manages a large amount of planning applications at one time. It is not possible for them to discuss individual concerns over the phone.
Concerns can be raised by commenting on the planning application. The case officer will then review them before making a decision.
Multiple comments or objections to a planning application
You may submit multiple comments in support or objection. You must refer to material planning considerations only.
The case officer may receive duplicate letters of comment. The name and address on each submission will be logged. Letters will be made available to view in the ‘documents’ tab of the online planning register. If a large number of letters are received these will be ‘batched’ but should be viewable online.
When duplicate letters of comment are received the case officer will assess the points raised. The amount of comments in support or objection do not determine the decision.
Request for a planning application to be determined by a Sub-Area Planning Committee
You are not able to request that a planning application is determined by a Sub-Area Planning Committee
Elected Divisional Members are notified about all planning applications in their Areas.
The Local Planning Authority has a protocol in place with Parish/Town Councils. If the case officers view is different to the the Town and Parish Council, the case officer explains their reasoning to them. They then have 5 working days in which to respond. They can either agree with the case officers recommendation. Agree to disagree or request the application be decided by committee.
Consent granted where the applicant does not own the land or there is a covenant on the application site
Anyone can submit a planning application for any land provided they serve Notice to the landowner. They must also submit a Certificate proving that Notice has been served to the land owner to the Local Planning Authority.
Where the ownership of land is not known, prospective applicants place adverts in the local newspaper.
Disputes over land ownership and deeds of covenant are civil matters and are not a planning consideration.
Boundary disputes
Boundary disputes are not a planning consideration.
Please view information about the Party Wall Act.
A neighbour's build is overlooking/overshadowing my garden/property
The general principles of design guidance can be found in our draft Design Guide. However, this is guidance only. Each application is assessed on its individual merits.
View the Cornwall Design Guide
Some developments benefit from permitted development rights and do not require planning permission.
A development has not been built in accordance with approved plans or a developer has not complied with a condition
You can make a complaint, but this is not classed as a corporate complaint. This is an enforcement complaint and is dealt with under a separate process.
Planning enforcement will assess your enforcement complaint and aim to visit site if necessary. If you report an enforcement complaint you will be informed of the outcome.
A complaint about a Divisional Member's involvement in the planning process
Yes, you can make a complaint using the Code of Conduct complaint form.
Code of Conduct complaint form
An alternative route for challenging a planning decision
If you are the applicant and your application is refused you have the right to appeal the decision through the Planning Inspectorate.
There is no right of appeal on the merits of the decision afforded to neighbours/third parties. If you are a third party, you may challenge the decision through Judicial Review. You will need to seek your own legal advice on this.
This is usually time limited to 6 weeks from the date of decision.
What to expect from a complaint if fault is found
If there has been fault, an assessment is made as to whether there has been injustice.
This means that we will review whether a different decision would have been made if there had been no fault. We would check whether a different outcome would have occurred.
Common remedies to complaints
- A written apology
- Review of systems/procedures/policy
- Staff retraining
- Action – where a development is still being constructed it may be possible to add in obscure glazing/pay for a fence/arrange fast growing shrubs etc.
- Time and trouble/distress compensation – approx. £50 - £250
- Reimbursement of application fee
Remedies rarely used – only in exceptional circumstances
- Revocation order (to remove the planning permission if the development has not started)
- Discontinuance Order (if the development is not complete)
