Summary: We will not investigate this complaint about the Council not attaching specific conditions to planning permission. We are unlikely to find fault by the Council has caused the complainant injustice that warrants our involvement.

The complaint

1. The complainant, who I refer to here as Mr X, has complained the Council did not attach conditions on a recent planning permission as it had done on a previous similar application. In particular, Mr X says there is no specific condition that windows facing his home must have obscure glazing and be non-opening. He is worried this will mean his home will be overlooked.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mr X and the Council. I have also seen information on the Council’s website.
4. I considered our Assessment Code.

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My assessment

5. The Council received a planning application for development next to Mr X’s home. It had to consider the planning merits of the application and grant planning permission if there were no valid grounds for refusal.
6. The Council publicised the application and Mr X sent his comments on it. A planning officer set out the planning issues in a report which addressed the issues Mr X had raised. The Council decided there were no valid grounds to refuse the application and so granted planning permission.
7. While the recent planning permission does not have the same conditions as the earlier permission, the development has to conform to the approved plans. These plans show all windows facing Mr X’s home to have obscure glazing. There are no habitable rooms in the side of Mr X’s home that faces the development.
8. The Council did not have to impose identical conditions on the recent application. However, in practice, there is little difference. If the development does not comply with the approved plans, the Council will consider if it is expedient to take enforcement action against any breach.

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Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council has caused him injustice that would justify our involvement.

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Investigator's decision on behalf of the Ombudsman