Overview
The complainant (Mr C) raised a number of concerns about Fife Council (the Council)'s failure to take effective enforcement action against the owners of a neighbouring disused quarry site. In particular, he was concerned that the Council had failed to ensure that the owners of the site had complied with the conditions of a Planning Enforcement Notice, which they issued in 2004.
Specific complaint and conclusion
The complaint which has been investigated is that the Council failed to take effective enforcement action against unauthorised works at a quarry site next to Mr C's home (upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) obtain the services of an independent consultant, obtained from a list provided by the Royal Town Planning Institute, to prepare a report within two months with recommendations on the steps which should be taken by the Council to ensure final compliance with the Enforcement Notice. The Council should consider this report at a meeting of the appropriate Committee within one month of receipt and put in hand the measures it considers appropriate to ensure that works are completed as quickly as possible and within a specified timescale;
- (ii) write to all residents neighbouring the site to apologise for their failures to take effective enforcement action in order to protect their amenity; and
- (iii) carry out a full review of enforcement practice within the Council to ensure that similar situations do not arise again. Such a review should consider the relevant planning circulars and advice.