Overview
The complainants (Mr and Mrs C) were dissatisfied with the handling of their complaints by the Scottish Environment Protection Agency (SEPA) about issues relating to their planning proposals and SEPA’s role as a consultee, when the complainants’ application was determined by the planning authority and taken to appeal.
Specific complaints and conclusions
The complaints which have been investigated concern the actions of a SEPA Panel, which looked into:
- (a) unacceptable time taken and lack of communication in addressing a contamination complaint (partially upheld);
- (b) inconsistency in delivering information to the Planning Authority and the Scottish Executive Inquiry Reporters Unit[1] (not upheld); and
- (c) failure by SEPA to meet the terms and conditions of their Service Charter (not upheld).
Redress and recommendations
The Ombudsman recommends that SEPA:
- (i) take action to issue Mr and Mrs C with a formal apology for the failure to inform them properly, from the outset, of the remit of the Panel’s investigation and its progress, including implementation of their recommendations;
- (ii) review their investigation process to ensure that, in future, all parties will be made fully aware at the outset of the scope of an investigation, its remit and what can be expected at the conclusion of the process; and
- (iii) take steps to review their policy on redress.
SEPA have accepted the recommendations and will act on them accordingly.
[1] now the Department of Planning and Environmental Appeals (DPEA). On 3 September 2007 Scottish Ministers formally adopted the title Scottish Government to replace the term Scottish Executive. The latter term is used in this report as it applied at the time of the events to which the report relates.