Overview
The complainants were unhappy that Loch Lomond and The Trossachs National Park Authority (the Park Authority) had allowed an unauthorised development to take place, that access to their properties had been affected, and with how the Park Authority had dealt with the complaint.
Specific complaints and conclusions
The complaints which have been investigated are:
- (a) failure by the Park Authority to take enforcement action in respect of unauthorised development of a pathway (not upheld);
- (b) failure by the Park Authority to stop a vehicle turning circle being used as a car park (not upheld); and
- (c) poor enquiry and complaint handling (upheld).
Redress and recommendations
The Ombudsman recommends that the Park Authority:
- (i) formally notify the conservation charity that the pathway near to Mr C and Mr D's homes is unauthorised (see paragraph 9), explain to them in detail why this is the case, and advise that any future development undertaken by the charity within the National Park must go through the proper planning process. The Park Authority should mention this specific case as an example so that the charity is aware that if plans change from those initially envisaged, they must consider whether planning permission should be sought and seek further advice from the Park Authority. This is in line with the Park Authority's Enforcement Policy (see paragraph 11). A copy of this formal notification should be sent to Mr C, Mr D and the Ombudsman; and
- (ii) review its complaint handling procedures.
The Park Authority have accepted the recommendations and are currently reviewing the complaint handling procedures as part of an organisation-wide governance review.