Source · SPSO (Scottish Public Services Ombudsman)

The City of Edinburgh Council

SPSO (Scottish Public Services Ombudsman) Not Upheld Reference 201105354 Sector Local Government Category handling of application (complaints by opponents) Decided 01 October 2012

View City of Edinburgh Council scorecard

Full decision

Summary

Mr C lives in a village, which is a conservation area. He complained that the council did not take into account the relevant conservation area policies when considering an application to add an additional storey to the property next to his. He was particularly concerned because two previous applications were refused on the grounds that the proposals did not improve or enhance the conservation area, privacy levels would be unacceptably reduced and parking provisions proposed were substandard. He felt there had not been any improvements to these issues when the third application was granted.

After taking independent advice from one of our planning advisers, we found that the application had been handled correctly, and the relevant conservation policies had been considered. We noted that the proposed extension would be harled (a process of covering stonework with plaster containing small pebbles or stone chips). Although Mr C was opposed to this because other properties in the street were sandstone, the village's conservation area character appraisal listed harling as a traditional material, and described it as one of the unifying elements of the townscape. We also noted that relevant case law says that proposals did not actually have to enhance a conservation area, and if a proposal was neutral and caused no harm, this was acceptable. We noted that the previous refusal because of a lack of parking provision was not in fact a material consideration, and the council's explanations about this could have been clearer. We did not uphold the complaint but drew to the council's attention a number of ways they could have improved their handling of Mr C's complaint, and their explanations for the decision made.

Recommendations

We recommended that the council: provide Mr C with the correct calculations for the overshadowing and sunlighting as referred to within the third application.

Related reading

View Decision Report 201105354 as a PDF (12.58 KB) Updated: March 13, 2018

View original on SPSO (Scottish Publ… website

Other decisions involving The City of Edinburgh Council

Reference Date Summary Outcome
202505687 01 Jun 2026 C complained to the council about damp and mould in their rental property. C had been moved to the property … Upheld
202404014 01 Feb 2026 C complained that the council did not properly consider their concerns about work being carried out on a neighbour’s summerhouse … Not Upheld
202302915 01 Apr 2025 A & B complained to the council about their handling of their claims procedure in relation to the Trams to … Upheld
202303840 01 Oct 2024 C is the grandparent of A and B, whose parents were separated. C complained about the actions of the council … Partly Upheld
202301380 01 Aug 2024 C complained about the council’s social work service during the pre-adoptive process of their child (A). C complained about the … Partly Upheld
View all decisions for this organisation