Complaint to council, would I be allowed to see it?

[sandytoes91]

I’ve recently been “reported” to my local council’s planning dept for some building work that isn’t happening (building an extend when the actual work done has been having the patio relaid… someone has jumped to conclusions seeing the sharp sand etc being delivered) Would I be allowed to see or know the nature of the report in this instance, without asking details of the person who reported?

Apologies for the typo, should read “building an extension”

Sounds as if you already know the nature of the complaint - reportedly building an extension. What more do you want to know - unless you hope that knowing details will reveal who has reported you🤷🏼‍♀️

Yes, planning files should be accessible I think. Ask at your local authority planning dept.

I guess you could make a Subject Access Request under the UKGDPR, which will give you all the information your council holds about you. But what would you gain from that? You have already demonstrated that the report was false, and that’s the end of it. Staff will have to spend a lot of time they don’t have compiling a SAR response, but you still won’t know who reported you and it will just extend the time you’re upset by it. Someone making a report to planning enforcement doesn’t have to give detail at all so there is likely to be very little they will have to tell you. Enforcement can even instigate their own investigation if their officers walk past a building and they have reason to think that work needing permission might be going on, and doesn’t have that permission. It happens all the time. I know how much it rankles, but for your own peace of mind, if the council is satisfied you’re not breaching planning, I’d just move on and let it go.

If someone repeatedly makes false complaints, the council will treat them as vexatious so they won’t be able to continue to do this to you.

No you won’t be told the details of who complained.

You could just ask to see it to save time - otherwise the route to go down is the Subject Access Request (SAR)- similar to a Freedom of Information Request - which you submit via the Council's website - usually they ask for your ID in the form of an attached pic of your valid passport, some instances they charge a minor fee or want your address on a bank statement or something - and they are meant to respond within 40 calendar days. Unlike an FoI, an SAR is basically only pertaining to YOU. Whether the Council does or not is up to them, as they don't really get fined for missing a deadline unless it's way way overdue. That said, as your beef is not with the Council but a neighbour presumably then they have no incentive to prevaricate.

They redact anything that isn't relevant to you, including names. I know you can do an SAR about complaints made about you personally so I assume they must disclose complaints made about your house or something to you.

That said, I would opt for the 'let it lie' option where possible because to go chasing after hypothetical crimes that never really came to anything sounds like a hassle, unless you're going after an easy win. I admit going after the Council with an SAR when a) There's something at stake and b) It's against them is more necessary but no fun at all.

If the Council don't play ball, you take it to the Freedom of Information Office who may or may not be sympathetic - reports vary on whether they really chase up local authorities or are just as corrupt as every other regulatory body.

Also, any report will consist of: went to site, laying a patio, no sign of extension being built. NFA (for no further action).

Unless your patio is massively raised off the ground or some such.