Investigation Report 200502604

  • Report no:
    200502604
  • Date:
    July 2009
  • Body:
    Falkirk Council
  • Sector:
    Local Government

Overview
The complainant (Ms C) raised four specific complaints about the inadequate handling of a planning application by Falkirk Council (the Council), submitted by a Planning Consultant (the Agent) on her behalf.

Specific Complaints and conclusions
The complaints which have been investigated are that:
(a) the Council failed to deal adequately with the pre-planning application enquiry (upheld);
(b) the Council failed to handle the outline planning application adequately and within statutory deadlines (partially upheld);
(c) there were delays by the Council in submitting information in connection with Ms C's appeal to the Scottish Executive Inquiry Reporter's Unit (SEIRU) (upheld); and
(d) the Council failed both to respond and to respond adequately to reminder letters, emails, faxes and telephone calls (not upheld).

Redress and recommendations
The Ombudsman recommends that the Council:
(i) offer Ms C a full apology for the shortcomings identified, and consider whether it would be appropriate for this to be reinforced by a modest payment in recognition of the effect of those shortcomings on her;
(ii) apologise to Ms C for the delay in submitting information to SEIRU and explain why it occurred.

Updated: December 11, 2018