Overview
The complainant (Mr C) raised concerns about how East Lothian Council (the Council) prepared proposals for the development of a play area immediately adjacent to his flat and their alleged undue delay in taking action on noise nuisance and detriment to privacy he is experiencing.
Specific complaints and conclusions
The complaints which have been investigated are that the Council:
- (a) in preparing their proposals for the play area, failed properly to apply their own Local Plan policies and to anticipate the likely detrimental effect to residents in the development in which Mr C resides (not upheld); and
- (b) delayed unduly in taking appropriate action on noise nuisance and detriment to privacy, preferably by relocating the play area (not upheld).
Redress and Recommendations
The Ombudsman recommends that following the period of their proposed monitoring, relevant officers of the Council report to the appropriate Committee on options for the play area including the residents' request that it be closed and relocated elsewhere. The Council informed me that they would agree a programme of monitoring with affected property owners and would report the results, together with any residents' views to the Council's Cabinet. The report would include a recommendation as to what further action, if any, should be taken with respect to the location and operation of the play area.