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Investigation Report 200703105

  • Report no:
    200703105
  • Date:
    December 2009
  • Body:
    Fife Council
  • Sector:
    Local Government

Overview
The complainant (Mrs C) raised a number of concerns about the handling by Fife Council (the Council) of applications for a single wind turbine and related proposals near to her home.

Specific complaints and conclusions
The complaints which have been investigated are that:

  • (a) in reaching a decision on a request made for a screening opinion (the Screening Opinion) on the need for an Environmental Impact Assessment (EIA) in respect of an application for planning consent for the wind turbine (the Application), the Council's planning case officer (Officer 1) failed to have regard to appropriate guidance on EIA procedures and that she made statements to support her view that an EIA was not required, which she later contradicted (not upheld);
  • (b) the Council, when presented with massive local opposition to the Application and Mrs C's letter of objection of 28 November 2007, failed to reconsider the need for an EIA (not upheld); and
  • (c) the report to committee on the Application failed fully to consider Mrs C's letter of objection and the Council's finalised guidance on wind energy, misrepresented the differences with another current proposal, and contradicted statements made earlier in the Screening Opinion (not upheld).


Redress and recommendations

The Ombudsman has no recommendation to make.

Updated: December 11, 2018