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Stratford-on-Avon District Council (04B18695 + one other)

Planning applications                 Maladministration causing injustice

25 October 2005

‘Mrs Lynton’ and ‘Mr Harris’ (not their real names) lived in houses on either side of a site where their neighbour built a residential extension. They complained that the Council, in approving the neighbour’s planning application, failed to consider their amenity, particularly the issue of overlooking to Mrs Lynton’s property and loss of light to Mr Harris’. Mrs Lynton said that there were three windows on the side of the extension directly overlooking her kitchen and dining room, and to a lesser degree her bathroom, which significantly affected the privacy she previously enjoyed. Mr Harris said that the size of the extension took away light from the rear of his property and the side window at the front overlooked his property.

Sadly, Mr Harris died before the Ombudsman could issue his report.

The Ombudsman found maladministration by the Council causing injustice to Mrs Lynton. He recommended the Council to:

  • negotiate with the neighbour to obscure glaze the windows and restrict their opening; 
  • if the negotiations were unsuccessful, obtain a valuation of Mrs Lynton’s property, comparing the extension as it was with the extension as built, but with remedial measures (obscure glazing and restricted opening) that would have prevented any significant overlooking and pay Mrs Lynton the difference between the valuations, if any; and
  • pay Mrs Lynton £250 for her time and trouble in pursuing the complaint.

In Mr Harris’ case, the Ombudsman did not make any recommendations as he did not consider that the Council’s maladministration caused him an injustice.

Date Published: 30/07/09