Summary: We will not investigate Mr X’s complaint about the Council’s decision that the design of the replacement windows Mr X wants to fit to his house in a conservation area are not acceptable. We cannot decide this disagreement, which is a matter for the planning system to resolve. We also cannot achieve the outcomes Mr X seeks.

The complaint

1. Mr X owns a house in a conservation area. The house has its original windows. A home improvements scheme has offered Mr X new replacement windows which are similar to the original design. Mr X complains the Council:
1. will not allow him to have the new windows installed because of their design;
2. has allowed other property owners to fit windows which are much less similar to the original designs.
2. Mr X says the new windows would help with his energy bills and improve the warmth of his house. He says he cannot afford to fund his own windows so the scheme is his only option. He says the Council’s decision discriminates against him. Mr X wants the Council to allow him to have the windows fitted which have been offered by the scheme. Alternatively, he wants the Council to pay for him to have new windows installed.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• further investigation would not lead to a different outcome; or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information from Mr X, and the Ombudsman’s Assessment Code.

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My assessment

5. Some property works may be done without planning permission, if national government conditions are met. This is called ‘permitted development’. One such condition for replacement windows in conservation areas is for them to be of ‘similar appearance’ to the design of those being replaced.
6. The issue at the core of the complaint is that Mr X believes the proposed replacement windows are an acceptable design for his property in the conservation area under permitted development conditions, but the Council disagrees. We cannot resolve this dispute, which is a planning merits issue. The acceptability or otherwise of proposed works can only be determined by the planning process, not by us. To get the result Mr X wants, to allow him to fit the windows he has been offered by the home improvement scheme, he can make a planning application. It would be for the Council to determine that application. If Mr X is dissatisfied with the outcome, he would then have the right of appeal to the Planning Inspectorate. We will not investigate because our investigation of the disagreement between Mr X and the Council could not lead to a different outcome.
7. I understand Mr X believes the Council’s decision is wrong because there are other houses nearby with replacement windows which differ more from the original design than the ones he wants to fit. It was for the Council to apply its judgement of Mr X’s proposed windows now, under current planning law, policies and guidance. Those other houses’ windows may have been installed when there were different planning requirements in place, or been the subject of formal planning applications or appeals. If the Council allowed any of the other houses to fit windows not of similar appearance to the originals in error, that would not give officers reason to repeat such errors in future.
8. We also cannot get the outcomes Mr X wants, which is a further reason why we will not investigate. Mr X wants the Council to let him have the windows fitted which have been offered by the scheme. To do this, we would have to make a planning decision which we cannot make as explained above, so cannot achieve this outcome. Alternatively, Mr X says he wants the Council to pay for him to have new windows installed. We cannot order councils to provide someone with new windows, so cannot get this outcome.

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Final decision

9. We will not investigate Mr X’s complaint because:
• we cannot decide the core planning disagreement, which is a matter for the planning system; and
• we cannot achieve the outcomes he seeks.

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Investigator's decision on behalf of the Ombudsman