Overview
The complainant (Mr C) raised a number of concerns concerning an application for planning consent made by his neighbour to Falkirk Council (the Council) for formation of a driveway and the erection of a boundary fence on land which had previously been an area of open space traversed on its perimeter by a footpath.
Specific complaints and conclusions
The complaints which have been investigated are that the Council:
- (a) in considering his neighbour's application did not have proper regard to Mr C's objections (not upheld);
- (b) did not have proper regard to central government advice in the form of Planning Advice Note 46 on planning and crime prevention (not upheld); and
- (c) did not properly consider Mr C's requests that they close the footpath, or assist with heightening his boundary wall, or erect a high fence abutting his wall (not upheld).
Redress and recommendations
Although not upholding the complaint the Ombudsman recommends that the Council consider whether it can use powers contained in the Antisocial Behaviour etc Act 2004 to address the problems of vandalism, graffiti and antisocial behaviour which Mr C is experiencing.
The Council accepted with qualification the recommendation.