Investigation Report 200401563 200500141

  • Report no:
    200401563 200500141
  • Date:
    October 2006
  • Body:
    South Lanarkshire Council
  • Sector:
    Local Government

Overview

The complainant (Mr C) resided until November 2005 on the ground floor of a modern block of flats which shared a common access to the rear with an adjacent semi-detached former residential building which had later been converted to offices on the ground and first floors.  He objected in 2003 to proposals for change of use of the ground floor to a children's nursery.  The complaints investigated related to the handling of two planning applications made by Mr C himself which were not validated by South Lanarkshire Council (the Council) and to the handling of a further application for planning consent to convert the upper floor of the building next door as an extension to the children's nursery.

Specific complaints and conclusions

The complaints which have been investigated are that:

  • (a)  the Council failed to deal appropriately with and determine Mr C's applications (not upheld);
  • (b)  the Council, in dealing with an application for change of use of the upper floor of the adjacent property, failed to grasp the opportunity to reinforce a policy in their Local Plan for the area (not upheld);
  • (c)  Environmental Services when consulted on the application, failed properly to comment on matters of noise and waste removal (not upheld);and
  • (d)  the Council as planning authority, failed to have proper regard to the availability of more suitable locations for the nursery (not upheld).

Redress and recommendation

The Ombudsman has no recommendation to make.

Updated: December 11, 2018