Overview
The complainant (Mr C) raised concerns that Perth and Kinross Council (the Council) had erroneously classified as permitted development the construction of a raised decking structure (the Decking) adjacent to a stretch of river for which his company (the Company) owns the fishing rights. He also complained that the Council failed to take enforcement action when they became aware of their mistake and did not responded timeously to his complaints.
Specific complaints and conclusions
The complaints which have been investigated are that the Council:
- (a) wrongly considered that the Decking was permitted development which did not require planning permission (upheld);
- (b) inappropriately failed to take enforcement action against the owners of the property (the Owners) (not upheld); and
- (c) took an unnecessary length of time to respond to Mr C's complaints (upheld).
Redress and recommendations
The Ombudsman recommends that the Council take steps to ensure that:
- (i) planning officers obtain enough information about a proposed structure to be able to give specific advice rather than standard advice which may not be appropriate to the proposed structure; and
- (ii) they respond to complaints in a timely manner and according to their complaints procedure.
The Council have accepted the recommendations and will act on them accordingly.