Captain Tom Moore's family has been accused of using the veteran's name to build a spa and pool at their home.
His daughter, Hannah Ingram-Moore, and her husband Colin told planners that they wanted a 'Captain Tom Building' to use as an office space at the property in Bedfordshire.
They put forward the planning application in their own names, but then referenced the charity in their design and access statement.
The charity’s trustees said: "At no time were The Captain Tom Foundation’s independent trustees aware of planning permissions made by Mr and Mrs Ingram-Moore purporting to be in the foundation’s name.
"Had they been aware of any applications, the independent trustees would not have authorised them."
Mr and Mrs Ingram-Moore declined to speak to The Sun at their seven-bedroom home.
In August 2021, the couple said they "urgently" needed space for presentations and memorabilia.
They received permission for an annex but a retrospective application for the spa was refused last year.
A resident said: "It feels like they thought that their goodwill gave them cover to do whatever they wanted."
Captain Tom shot to fame after walking 100 laps of his garden at the age of 99 to raise money for the NHS.
He set out with a goal to raise £1,000 by his 100th birthday - but ended up topping more than £30million.
The World War Two veteran, who was knighted by Queen Elizabeth II, passed away at the age of 100 following a short battle with Covid and pneumonia.
The Captain Tom Foundation was set up by his daughter Hannah Ingram-Moore and her husband Colin.
Last year, the Charity Commission opened a probe into the foundation, identifying concerns about management and independence from Sir Tom’s family.
The commission said it was concerned about a “failure to consider intellectual property and trademark issues” when the charity was set up.
The money raised by Captain Sir Tom was donated to a separate charity before the Foundation was formed and is not part of the investigation.
In July 2021, the regulator refused permission for the Foundation to employ Ingram-Moore as chief executive on a salary of £100,000 a year, saying it was not justifiable.
However, the following month it allowed her to be appointed for a wage of £85,000 for a maximum of nine months while
they looked for a new CEO, who has since been recruited.
Helen Stephenson, chief executive of the Charity Commission, previously said: "Captain Sir Tom Moore inspired the nation. It is vital public trust in charity is protected."
An earlier statement from the Ingram-Moores said: "Club Nook Ltd made its application for trademark prior to the formation of the foundation. Neither Hannah nor Colin were trustee directors upon its formation."
Money raised for the NHS, which was donated to NHS Charities Together, is not part of the scope of the inquiry.
