Overview
The complainant (Mr C) raised a number of concerns relating to East Renfrewshire Council (the Council)'s decision to install a multi use games area (MUGA) in the grounds of a primary school (the School) adjacent to his flat and their subsequent decision that the gates remain open at all times providing unrestricted community use, with consequent detriment to his amenity.
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) the Council failed to consult residents before installing the MUGA at the School in March 2007 (not upheld);
- (b) the Council ignored a more suitable site (not upheld);
- (c) the Council ignored Mr C's reasonable requests that the gates of the MUGA be locked after supervised activities had ended in the early evening (not upheld);
- (d) the Council's decision in May 2008 to leave the gates open permanently was taken without consulting with or hearing from residents most directly affected (upheld);
- (e) the Council ignored Mr C's requests after May 2008, that respite be provided by closing the gates all day on Sundays (not upheld); and
- (f) the Council delayed in informing Mr C of his entitlement to make a formal complaint and, if dissatisfied with the way it was dealt with, to take his complaint to the SPSO (upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) given the change to community use of the site, now consult with adjacent residents on the change and the current 'open gate' access to the MUGA and, following this, reconsider the 'open gate' policy, taking into account the views expressed. If the 'open gate' policy continues, the matter should also be raised with the Planning Department to consider whether there has been a material change of use and, if so, whether it constitutes a bad neighbour development; and
- (ii) advise both the SPSO and Mr C of the outcome.
The Council have accepted the recommendations and will act on them accordingly.