Overview
The complainant (Ms C) raised concerns about how Aberdeenshire Council handled a planning representation and the inadequate manner in which they dealt with the subsequent complaint about this.
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) a Council employee provided misinformation by advising that objections and concerns about a Planning Application Submission would remain confidential unless plans went to Committee (not upheld);
- (b) the Council did not respond in good time to the subsequent complaint about the misinformation they provided (not upheld);
- (c) the Council inadequately responded to concerns by stating that the linking of two neighbouring houses by an extension, did not contradict their policy HOU/7 (House Extensions), about protecting the character and amenity of existing houses and surroundings (not upheld);
- (d) the Chief Executive and Area Manager provided ambiguous and contradictory replies to the complaint (not upheld); and
- (e) the Council inadequately addressed the key issues that they breached Ms C's confidentiality and misused her personal data by publishing Ms C's objections (to a Planning Application Submission) on its website (upheld).
The complaints at (a) and (b) were not upheld as they were resolved by the Council before Ms C came to the Ombudsman.
Redress and recommendations
The Ombudsman recommends that the Council apologise to Ms C for the failure identified, and that they respond to Ms C's question about possible breach of the Data Protection Act (1998).
The Council have accepted the recommendations and will act on them accordingly.