Summary: Mr X complained the Council failed to specify the level of obscurity for his neighbour’s new windows when it approved planning permission. We do not find the Council at fault.

The complaint

1. Mr X complained the Council failed to specify the level of obscurity needed for his neighbour’s new windows when it approved panning permission. Mr X said this allowed his neighbour to take advantage and install inappropriate windows which impact the privacy of his own property. Mr X told us this has caused him stress and harm to his mental health. Mr X also told us there has been a significant financial impact as he has spent time addressing the issue and he has spent money to restore privacy at his property. Mr X would like compensating for the error and a refund for the cost of screening.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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How I considered this complaint

4. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
5. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Legal and administrative background

6. Councils should approve planning applications in line with their local development plan, unless material planning considerations suggest otherwise.
7. Material planning considerations may include:

• Access to the highway;
• Protection of ecological and heritage assets; and
• The impact on neighbouring amenity.

8. Material planning considerations do not include:

• Views from a property;
• The impact of development on property value; and
• Private rights and interests in land.

9. Councils may impose planning conditions to make development acceptable in planning terms. Conditions should be necessary, precise, enforceable and reasonable in all other regards.
10. There is no legal requirement for Council’s to specify a level of window obscurity when approving planning permission.

What happened

11. Mr X’s neighbour submitted a planning application to build an extension at his property.
12. A Council officer completed a delegated officer report which recommended the Council approve planning permission subject to conditions. One of these conditions was for the windows facing Mr X’s property to be fixed shut and obscure.
13. The Council approved planning permission in line with the recommendations contained in the delegated officer’s report.
14. Mr X contacted the Council to complain the installed windows were not obscurely glazed. Mr X requested the Council enforce the conditions of the planning approval.
15. The Council considered Mr X’s complaint as an enforcement issue.
16. The Council wrote to Mr X to apologise the planning condition was not more specific, however it could not compel the neighbour to increase the obscurity of the windows. The Council considered the windows met the planning permission conditions.

My findings

17. The Council considered the planning application in accordance with its local policy and the delegated officer’s report considered the privacy of Mr X’s property.
18. There is no evidence of fault in the Council’s consideration of the planning approval and conditions.

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Decision

19. I find no fault.

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Investigator's decision on behalf of the Ombudsman