Overview
The complainants (planning consultants acting on behalf of a client) were unhappy that, following consideration of their client's planning application by an Area Committee of Aberdeenshire Council (the Council), further objections were allowed and the application was reconsidered by the Area Committee. The Consultants said that their clients incurred additional costs as a result of the delay.
Specific complaint and conclusion
The complaint which has been investigated is that the decision to reconsider the planning application led to unnecessary delay (upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) apologise to the applicants (the Firm) for the delay in dealing with this application;
- (ii) following receipt of documented evidence of the costs necessarily incurred in pursuing this complaint, reimburse the Consultants' fees relating to this to the Firm;
- (iii) ensure all applications which may involve development plan departures are dealt with in line with PAN 41 unless there are demonstrable reasons why it would not be appropriate to do so;
- (iv) end their practice of considering applications subject to 'completion of departure proceedings'; and
- (v) provide her with a copy of the report of the Audit and Scrutiny Committee into their decentralisation arrangements.
The Council have accepted the recommendations and will act on them accordingly.