Summary: the Council failed to refer to a plan requiring a bathroom window to be obscure glazed and fixed shut in the decision notice for a planning application. That means the Council cannot take action now the neighbour has installed an opening window. An apology and payment to Mr B to provide screening and to reflect his time and trouble is satisfactory remedy.

The complaint

1. The complainant, whom I shall refer to as Mr B, complained the Council failed to impose a condition on a planning permission to require the bathroom window to be obscure glazed and fixed shut and failed to refer to a plan showing that intention when granting planning permission.
2. Mr B says as a result the bathroom window can be angled to open top, bottom or side which results in overlooking of his property. Mr B says he will have to plant trees to screen the property and will need to purchase blinds for three windows to prevent overlooking.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with a Council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. As part of the investigation, I have:
• considered the complaint and Mr B's comments;
• made enquiries of the Council and considered the comments and documents the Council provided.
6. Mr B and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Background

7. The Council granted planning permission for an extension to a property neighbouring Mr B. During consideration of the application the Council asked the applicant for revised drawings, part of which related to the bathroom window facing Mr B’s property which the Council required to be obscure glazed and fixed shut. When the Council granted planning permission it listed the plans the applicant had to comply with. That did not include the amended plan requiring the bathroom window to be obscure glazed and fixed shut.
8. Mr B contacted the Council when his neighbour began developing the property. Mr B reported the bathroom window was not fixed shut. The Council’s enforcement officer considered the case and told Mr B the Council could not act as it had not imposed a condition on the permission to prevent the window being opened and the plan showing the window fixed shut was not referred to in the decision notice. The Council noted at that point the window was top opening, inwards only which would protect Mr B’s amenity.

Analysis

9. The evidence I have seen satisfies me the Council sought amended plans from the applicant to require the bathroom window to be obscure glazed and fixed shut. The evidence I have seen satisfies me the Council sought that amendment to protect Mr B’s amenity. The Council accepts it failed to refer to the amended plan in the decision notice. That is fault. That means the Council cannot now take action to require the bathroom window to be fixed shut. I appreciate the current occupier of the property has installed the window so it is top opening inwards. I also appreciate the current layout of the bathroom would prevent any significant overlooking of Mr B’s property. However, if the owner subsequently changed that arrangement and allowed the window to be opened in a different way it could create overlooking of Mr B’s property and the Council would have no power to control it. I therefore consider Mr B has suffered a serious injustice due to the Council’s fault as the Council has lost the ability to prevent the configuration of the window being changed. That leaves Mr B open to the possibility of future overlooking which he would not have had, had the Council included the amended plan in the decision notice as it could have required his neighbour to change the window so it is fixed shut.
10. I now have to consider what remedy is appropriate. Mr B is asking for the Council to fund the cost of planting trees on the boundary to screen the development as well as funding for blinds in his property. I appreciate trees planted on the boundary are unlikely to provide significant screening immediately. However, the current window is obscure glazed, top opening and the current layout of the bathroom should prevent significant overlooking. I therefore consider it likely if this arrangement is changed in future the trees would have grown to provide some screening. I therefore recommended the Council pay Mr B the cost of planting trees on the boundary. I also recommended the Council pay him £100 to reflect his time and trouble pursuing the complaint. The Council has agreed to my recommendations subject to Mr B arranging for the removal of any existing planting and committing to any future maintenance of the trees.

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Agreed action

11. Within one month of my decision the Council should:
• apologise to Mr B; and
• pay him £100 to reflect the time and trouble he had to go to pursuing his complaint.
12. The Council should make a payment to Mr B to reflect the costs of planting trees to screen the development, once Mr B has provided the Council with three suitable quotes for the work.

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Final decision

13. I have completed my investigation and uphold the complaint.

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Investigator's decision on behalf of the Ombudsman