Overview
The complainants (Mr and Mrs C) raised seven issues relating to the handling of an application for planning permission for residential development in the steading where they reside. They also complained about the failure of South Lanarkshire Council (the Council)'s failure to meet their targets in responding to their complaint.
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) the Council failed to spot errors by the applicant in his description of the proposals (not upheld);
- (b) objectors were misled by officers that the application would be considered on its merits (not upheld);
- (c) the report to committee on the application failed properly to assess and evaluate the proposals (not upheld);
- (d) the report failed adequately to convey the unique situation of Mr and Mrs C and the impact on their human rights (not upheld);
- (e) the report to committee showed bias and discriminated against Mr and Mrs C, failed adequately to represent their objections, and failed to challenge untruthful statements by the applicant (not upheld);
- (f) Mr and Mrs C were not furnished with a copy of the report and were not informed they could approach a councillor to present their case (not upheld);
- (g) as objectors, Mr and Mrs C were not afforded the opportunity to be heard by the committee (upheld); and
- (h) the Council failed to meet their published targets in responding to Mr and Mrs C's complaint (upheld).
Redress and recommendations
The Ombudsman recommends that the Council apologise to Mr and Mrs C for the failings identified. She recognises that The Planning Act (Scotland) 2006 will establish a new system of public engagement and consultation in the planning process and recommends that the Council in meeting their obligations take all necessary steps to ensure that objectors in sparsely populated areas are not discriminated against.