Investigation Report 200500770

  • Report no:
    200500770
  • Date:
    June 2007
  • Body:
    East Ayrshire Council
  • Sector:
    Local Government

Overview
The complainant (Mr C) raised a number of concerns that the successful operation of his farm has been undermined by the East Ayrshire Council (the Council)'s decision to grant planning consent for a housing development next door to his farm. Additionally, as a result of this development, Mr C has had problems modernising his farm to comply with modern pollution and animal welfare requirements.

Specific complaints and conclusions
The complaints which have been investigated are that:

  • (a) the Building Control Department are unfairly insisting that new drainage be installed to deal with the roof water from the silage clamp roof (not upheld);
  • (b) the Planning Department failed to ensure that a planning condition in respect of planting for screening purposes was enforced (not upheld);
  • (c) the Planning Department failed to ensure that the condition for screen fencing and planting was transferred to the new application (not upheld);
  • (d) as a result of the failings in (b) and (c) above, Mr C had unfairly to include the provision of screen fencing in his application to construct his silage clamps (not upheld);
  • (e) Mr C was inappropriately advised to withdraw his application for a cubicle shed by Council officers when he should have been advised to amend the proposals (not upheld);
  • (f) the Council are putting too much emphasis on the decision of the Reporter rather than considering every application on its merits (not upheld);
  • (g) the Council should consider Mr C's application as permitted development as the Council did not exercise its right to comment on his proposals within the statutory time scale (not upheld); and
  • (h) the Council is not working with Mr C to try and resolve these outstanding matters (not upheld).

Redress and recommendations
The Ombudsman recommends that the Council:

  • (i) highlight to staff in the Planning Department the particular issues which can arise when Agricultural Prior Notification is received; and
  • (ii) continue to work closely with Mr C in an attempt to find acceptable solutions to both the outstanding building control and planning problems.

The Council have accepted the recommendations and will act on them accordingly.

 

Updated: December 11, 2018