Overview
The complainant (Ms C), complaining on behalf of an elderly couple (Mr and Mrs A), raised a number of concerns about Fife Council (the Council)'s alleged failure to take appropriate and timely enforcement action to remove unauthorised air conditioning units that had been erected directly outside Mr and Mrs A's window. Ms C was concerned about the noise produced by the units and their impact on visual amenity.
Specific complaints and conclusions
The complaints which have been investigated are that the Council:
- (a) failed to take timely enforcement action against the developer after complaints were first raised in October 2004 (not upheld);
- (b) failed to take enforcement action after the East Area Development Committee (the Development Committee) granted enforcement powers on 27 September 2005 (not upheld);
- (c) failed to inform the complainant and the aggrieved that the original retrospective planning application had been withdrawn (not upheld);
- (d) failed to serve an enforcement notice in a timely fashion after the Development Committee decided to take enforcement action in June 2006 (not upheld); and
- (e) failed to carry out the decision of the Development Committee that the owners of the site (the Developers) should have only 28 days to appeal as they gave the Developers three additional days (not upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) put measures in place to ensure that, when complaints are received about alleged unauthorised developments or when requests for enforcement action are received, complainants are provided with an explanation of the Council's duties in relation to enforcement and of the options generally available to deal with unauthorised development; and
- (ii) should ensure that, where possible and appropriate, complainants' expectations are managed with regard to likely outcomes and timescales and are kept up to date with significant developments.
The Council have provided me with a copy of a new Planning Enforcement Charter, which adequately addresses the issues raised in my recommendation.