Tuesday 20 October: Complaint form offline

The supplier of our case management system has confirmed that they are experiencing a significant technical issue.

At present, we have no access to the case management system and we are currently unable to provide updates on existing cases.

We are planning on the basis that this could continue for a period of time including for the remainder of this week.

If you would like to check if your complaint is ready for the SPSO or enquire about making a new complaint, please complete our Complaint Checker.  

Please be assured we are doing all we can and will provide updates on our website. 

For an all service update: Service update | SPSO

Decision Report 201301311

  • Case ref:
    201301311
  • Date:
    March 2014
  • Body:
    North Ayrshire Council
  • Sector:
    Local Government
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    handling of application (complaints by opponents)

Summary

Mr C made three complaints about a wind turbine about which, because of its distance from his home, he had not received neighbour notification. The planning application was determined by council officers under delegated powers. Mr C complained that the council failed to require that a revised visual impact assessment was carried out (there had been an increase in the turbine height from a previously approved proposal); unreasonably granted planning consent despite the turbine height exceeding their own 60 metre guideline; and failed to take into account the impact of the development on properties between 500 and 750 metres from the site.

Having taken detailed independent advice from one of our planning advisers, we did not uphold Mr C's complaints. The adviser said that the planning authority had clearly taken account of the material consideration of visual impact, both on the landscape and on adjacent houses. He considered that the guidance was essentially a strategic tool rather than a rigid policy threshold which could not be breached, and that the council had showed some flexibility and discretion by approving a turbine one metre higher than that guidance. He also said that the report of handling (a document about the application) and other documents submitted with the application showed that the visual and other impacts (particularly noise) on properties under 500 metres had been considered acceptable. In the adviser's view, it could then reasonably be assumed that this would be the case for dwellings sited more than 500 metres away.

Updated: March 13, 2018