City of York Council (07B17676)

Planning advice                           Maladministration causing injustice

16 June 2009

City of York Council’s incorrect advice led a woman to put a square bay window she didn’t want in her Georgian terraced property. The Ombudsman said “[The complainant’s] injustice resides in not being able to implement her approved scheme at the time she wished to do so; and then having the chagrin of seeing a neighbour install the window that she had been told needed, and would be refused, planning permission. She now faces the prospect of carrying out her approved scheme some years later and at much greater cost. “

‘Mrs Barham’ (not her real name for legal reasons) complained that the Council gave her incorrect advice when she was renovating her Georgian terraced property. The Council said that planning permission was required for alterations to her front bay window, and that permission would only be granted for a square bay rather than the bow-shaped window that she preferred, so that her house matched with the neighbouring property (which had a square bay window).

But then the owner of the adjacent property carried out renovations to his property including a bow-shaped bay window at the front. Mrs Barham was unhappy because she installed a window that she did not want on the basis of the Council’s advice, and now her property was the ‘odd one out’ with a square bay window.

The Ombudsman concluded that the Council’s advice had been incorrect and it was reasonable for Mrs Barham to have relied on that advice. If the Council had advised her correctly she would have been able to pursue her original plans of a bow-shaped bay window.

Remedy

The Ombudsman found maladministration causing injustice and, in accordance with his recommendation, the Council paid the reasonable costs of installing the bay window of Mrs Barham’s choice. It also paid her £250 for her time and trouble in pursuing her complaint.

LGO satisfied with Council's response: 9 July 2010

Date Updated: 10/08/10