Overview
Two neighbours (Mr C and Mr D), complained to the Ombudsman that Fife Council (the Council) had not taken appropriate planning enforcement action in respect of a new house which was being constructed adjacent to their respective properties. They made further complaints about the Council's actions in granting planning consent for two windows which overlooked their properties. During the investigation, a further complaint was made regarding the construction of a patio area.
Specific complaints and conclusions
The complaints which have been investigated are that the Council:
- (a) delayed in taking enforcement action by allowing building work, which was not in accordance with the plans, to continue despite Mr C and Mr D's complaints (not upheld);
- (b) failed to deal with Mr C and Mr D's complaint regarding the orientation of the house (upheld);
- (c) failed to properly consider the effect on Mr C and Mr D's privacy before granting planning permission in respect of the house's lounge windows (not upheld); and
- (d) failed to take action in respect of the patio area having said they would (not upheld).
Redress and recommendations
The Ombudsman recommends that the Council;
- (i) apologise to Mr C and Mr D for their failure to adequately address their complaint, the shortcomings in reporting on how the incorrect labelling of the plans and the issue of overlooking the gardens have been dealt with; and
- (ii) review their system of dealing with errors in application plans to avoid situations in which members of the public might be misled.
The Council have accepted the recommendations and will act on them accordingly.