Overview
The complainant (Mr C) had formally complained to Aberdeenshire Council (the Council) about their handling of planning issues relating to the building of two houses on development plots (Plots A and B) adjacent to his property. The Council investigated Mr C's complaint and established that there had been procedural errors on their part in the handling of the planning applications for these plots. In May 2008, the Council put a proposal to Mr C to remedy his complaint. However, Mr C complained that the Council had failed to fulfil their proposal on a remedy. Mr C also raised a number of concerns relating to the Council's handling of a further planning application which was submitted for changes to Plot B. He complained that the Council failed to have proper regard to issues which affected him, of overlooking and privacy.
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) the Council failed to fulfil their proposal on a remedy for the acknowledged procedural errors associated with the determination of the planning applications on Plots A and B; (upheld) and
- (b) there were shortcomings in the handling of a further planning application for changes to Plot B (upheld)
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) without further delay, make arrangements to pay Mr C the balance of the outstanding legal costs;
- (ii) without delay, take steps to have Mr C's bills independently audited to verify the costs he has claimed he has expended, as a result of the loss of his right to make representations on the planning applications related to Plots A and B and in pursuing his complaint to the Council;
- (iii) take steps to arrange for the planting of mature laurel bushes of at least 3 metres high to add to or replace those which are sited in front of the habitable rooms on the plane of the main gable of the house on Plot A and over a length of 10 metres, the position to be decided by Mr C;
- (iv) take immediate steps to enter into dialogue with the Agents of the owner of Plot B to secure a formal planning consent for the opaque windows or a formal planning agreement and make this conditional on the Council meeting the costs involved; and
- (v) in recognition of their failure to provide a solution through planning permission, which dealt with the problem of overlooking from Plot B, the Council should formally apologise to Mr C for their further shortcomings in the handling of this planning matter.
The Council have accepted the recommendations and will act on them accordingly.