Investigation Report 200701748 200801358

  • Report no:
    200701748 200801358
  • Date:
    June 2009
  • Body:
    North Ayrshire Council
  • Sector:
    Local Government

Overview

Mr and Mrs C and Mr and Mrs D (the Complainants) are two sets of neighbours whose properties sit either side of a residential property which was granted planning permission to be extended. The Complainants are aggrieved with the Council's handling of the planning proposals for the original development and the subsequent amendments to the consent. Mr and Mrs D complained also of delay and failure by the Council to reply to their correspondence on the matter.

Specific complaints and conclusions

The complaint which has been investigated is that the Council:

  • (a) mishandled the planning proposals relating to the extension of a residential property; (upheld) and
  • (b) failed to deal properly with Mr and Mrs D's representations about these proposals (not upheld).

Redress and recommendations

The Ombudsman recommends that the Council:

  • (i) review their procedures to ensure that these contain clear advice on reporting to the Planning Committee where premature works have been carried out, whether or not these form part of the representations to a development proposal;
  • (ii) formally apologise to Mr and Mrs C and Mr and Mrs D for the shortcomings identified in this report;
  • (iii) make a payment of £500 to Mr and Mrs C and also to Mr and Mrs D towards their expenses; and
  • (iv) examine and consider improvements in how they handle correspondence in any ongoing service review.

The Council have accepted the recommendations and will act on them accordingly.

Updated: December 11, 2018