Overview
The complainant (Mr C) raised a number of concerns about the way in which Falkirk Council (the Council) had dealt with the development of land to the rear of his home and, in particular, the development of the nearest plot (the Plot). He also complained that the Council had failed to respond in a timely manner to his correspondence.
Specific complaints and conclusions
The complaints which have been investigated are that the Council:
(a) in considering the planning application for the Plot and in treating requests for variations in the finished floor and ground level as non-material, failed to have proper regard to the effect on the amenity of Mr C and his immediate neighbour (Mr B) (upheld); and
(b) failed to acknowledge Mr C's correspondence and respond in a timely manner (partially upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
(i) explore further with Mr C and Mr B whether steps can be taken at the Council's expense to mitigate the detriment to their privacy as a result of overlooking from the house constructed on the Plot; and
(ii) take steps to ensure that they keep complainants updated when they are unable to respond to their complaints within the published timescales.