Overview
The complainant and his wife (Mr and Mrs C) moved house and relocated their sports tour package business to a town in Fife in February 2004. Shortly thereafter neighbours complained about associated activities and Fife Council (the Council) issued a Planning Contravention Notice (PCN) and, after the matter was reported to the Council's Development Committee (the Committee), a Planning Enforcement Notice (PEN). Mr C appealed against the PEN to the Scottish Executive Inquiry Reporters Unit (SEIRU) and that appeal was heard before a reporter (Reporter 2) at a Public Local Inquiry (PLI) in June 2005. Reporter 2's decision was issued on 25 August 2005. Reporter 2 dismissed the appeal, confirmed the PEN subject to a number of amendments and, in a separate determination, refused an application on Mr C's behalf for expenses.
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) poor and/or incorrect advice was given by Council officers to Mr C (not upheld);
- (b) the Council issued the PCN and subsequently the PEN on the basis of insufficient evidence (partially upheld to the extent of the inadequacy of the report presented to the Committee);
- (c) there was poor and inconsistent handling of matters by the Council and a failure to follow appropriate procedures (not upheld);
- (d) the SEIRU's initial appointment of a reporter (Reporter 1) did not follow relevant guidance on conflict of interest (upheld);
- (e) the PLI and related activity was handled poorly (partially upheld to the extent that not all letters were shared); and
- (f) Reporter 2, in determining the appeal, did not adequately justify his decisions by demonstrating they were based on the available evidence (not upheld).
Redress and recommendations
The Ombudsman recommends that the Council review the scope of information to be presented to the Committee on planning contravention when seeking authorisation to consider the expediency of taking enforcement action; and The Ombudsman recommends that DPEA remind their staff and panel of reporters of the need to consider whether particular appointments may be perceived as involving a conflict of interest, and that DPEA take account of ethical standards in public life in relation to such appointments.
The Council and the DPEA have accepted the recommendations and will act on them accordingly.