Overview
The complainant (Mrs C) raised a number of concerns about North Lanarkshire Council (the Council)'s failure to take effective enforcement action against the developer of a number of houses, including the house she owns. In particular, she was concerned that, over a number of years, the Council had failed to ensure that the developer of the site complied with the conditions attached to a planning consent granted in 2002.
Specific complaint and conclusion
The complaint which has been investigated is that the Council failed to take reasonable and timely enforcement action against the developer responsible for building Mrs C's home, to address breaches in planning conditions (upheld).
Redress and recommendations
The Ombudsman recommends that:
- (i) in the event of the owners of the properties covered by the planning conditions themselves taking forward a scheme to carry out the works required, to upgrade the road under planning conditions 7 and 8 (to ensure the provision of satisfactory vehicular and pedestrian access), the Council meet the reasonable costs associated with the works; and
- (ii) the Council apologise to Mrs C for the failings identified in their handling of the enforcement action, including their failure to clarify the position with regard to the communal driveway.
Ombudsman's Comment
Recommendation (i) cannot be an open ended commitment for the Authority. I consider that the works should be instructed within a period of three years from the date of this report.