Overview
The complainants (Mr and Mrs C) raised concerns about the handling by Fife Council (the Council) of their representations about breaches of a planning consent granted for change of use of adjacent premises (the Premises) to a restaurant/takeaway and for the installation of an external flue.
Specific complaints and conclusions
The complaints which have been investigated are that the Council:
- (a) failed to enforce conditions attached to the planning consent which were imposed to protect the amenity of neighbours (partially upheld);
- (b) otherwise failed to resolve the effect on Mr and Mrs C's amenity of noise and odours emanating from the Premises (partially upheld); and
- (c) took an unacceptable length of time to deal with Mr and Mrs C's complaints and did not keep them properly updated (upheld).
Redress and recommendations
The Ombudsman recommended that the Council:
- (i) review the wording of conditions used in their planning consents with particular reference to the appropriateness of using a condition such as condition 3 with the present wording;
- (ii) actively continue to monitor compliance with the planning consent issued on 30 June 2003; and
- (iii) apologise to Mr and Mrs C for the failings in the Council's handling of their complaints.
The Council have accepted the recommendations and will act on them accordingly.