Overview
The complainant (Mr C) brought this complaint to the SPSO on 26 April 2013 on behalf of the owners of a nightclub, (Company A). He complained that Company A had been forced to spend a large amount of money on sound proofing and noise reduction measures at the nightclub because South Ayrshire Council (the Council) unreasonably imposed a potentially unenforceable planning condition when they granted consent for a planning application in 2000. The planning permission was for flats, to be built adjacent to the nightclub, which were built in 2001. Mr C has raised concerns that the flats were built without appropriate sound attenuation measures in their construction and that this led to complaints from residents, which ultimately meant that Company A had to make substantial changes to their property to allow them to continue operating as a nightclub.
Specific complaint and conclusion
The complaint which has been investigated is that the Council unreasonably imposed a potentially unenforceable planning condition on planning application X (upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- cover the full cost of works which Company A have incurred in undertaking sound proofing and noise reduction measures at their nightclub, based on Company A providing appropriate invoices; and
- apologise to Company A for the time, effort and expense which has resulted from the Council's maladministration.
The Council have accepted the recommendations and will act on them accordingly.