Overview
The complainant (Mr C) raised concerns that Aberdeenshire Council (the Council) failed to ensure that the developer of the site adjoining his property (the Developer) complied with the conditions of the planning consent.
Specific complaints and conclusions
The complaints which have been investigated are that the Council:
- (a) has unreasonably delayed to ensure that the Developer complies with the conditions of the planning consent (upheld); and
- (b) has failed to use appropriate (enforcement) action to ensure that the Developer complies with the conditions of the planning consent (upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) provide details of how they are taking matters forward with the Developer (with timeline) now they acknowledge that a breach of condition has occurred;
- (ii) provide a copy of their review of internal communications between Development Management and Environmental Planning Teams;
- (iii) ensure that measures are taken to feedback the learning from this event to all staff (complaint a);
- (iv) ensure that measures are taken to feedback the learning from this event to all staff (complaint b); and
- (v) issue Mr C with a full apology for the failings identified in this complaint.
The Council have accepted the recommendations and will act on them accordingly, having already met recommendation (v).