Overview
The complainant (Mrs C) raised a number of concerns about the handling by East Ayrshire Council (the Council) of a planning application for a wind turbine development of 15 turbines near her home.
Specific complaints and conclusions
The complaints which have been investigated are that the Council:
- (a) did not reasonably assess the impact of the development prior to determining the application (upheld);
- (b) did not reasonably obtain and consider independent expert opinion prior to determining the application (upheld);
- (c) did not have a reasonable policy in respect of the handling of major planning applications (upheld); and
- (d) unreasonably reached an agreement with the applicants under section 75 of the Town and Country Planning (Scotland) Act 1997 before addressing the local residents' concerns (not upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- issue a written apology to Mrs C for: the failure to adequately assess the impact of the development in relation to cumulative noise; the failure to obtain an independent report in relation to this prior to reaching a decision; and, the failure to provide adequate information in the planning report in relation to whether, in the event of a decision contrary to the recommendation, there was a significant departure from the development plan in the case of a major development application;
- refund the local residents for the cost of the report they commissioned from an acoustic consultant, subject to the production of relevant receipts; and
- take steps to ensure that there is clearer reference to relevant statutory procedures in committee reports on planning applications, particularly in relation to whether or not there is a significant departure from the development plan in the case of a major development application.
The Council have accepted the recommendations and will act on them accordingly.