Overview
East Lothian Council (the Council) had granted planning permission in 2001 for a new building development near the home of the complainant (Mrs C). During construction it became apparent that a proposed balcony was likely to lead to a loss of privacy for Mrs C. This had not been considered when planning consent had been granted. When the issue came to light, Mrs C complained that this was not dealt with appropriately. In particular, she was aggrieved that the Council were unable to enforce the proposed solution of screening on the balcony.
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) the Council failed to take appropriate action when they became aware that the issue of loss of privacy had not been considered at the planning application stage (upheld); and
- (b) the Council did not respond appropriately to Mrs C's complaint (not upheld).
Redress and recommendations
The Ombudsman recommends that the Council
- (i) approach Mrs C to seek her agreement in pursuing a joint reference to the District Valuer for an assessment of the impact of the overlooking only from the balcony on the value of her home with a view to the Council reimbursing Mrs C for any loss in value ; and
- (ii) should also meet the costs of the reference.