Overview
Messrs C (the Complainants), the directors of a building company, complained about the way in which Falkirk Council (the Council) handled their request for timber decking to be laid as a Non Material Variation (NMV) to planning permission.
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) the Council failed to deal with the Complainants' verbal request that decking be considered as a NMV to planning permission (upheld);
- (b) a formal application for decking to be considered as a NMV failed to receive a timely response (upheld); and
- (c) the Council failed to hold proper file notes (partially upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) emphasise to staff the importance of acknowledging documentation sent to them. Also, that if in the process of consideration decisions are taken about how matters are being handled, these are also shared with the complainant;
- (ii) make the Complainants a fulsome apology for their oversights with regard to the complaint and their failure to deal with the application in a timely manner; and
- (iii) emphasise to staff the importance of properly recording meetings, including the date of the meeting, any decision(s) reached, the names of those involved, the name of the person recording the note and the date the note was written. Thereafter, ensure that the note is correctly placed in the file.
Unfortunately, the Council have declined to accept the recommendations.