Overview
The complainants (Mr and Mrs C) raised a number of concerns about the handling by The Moray Council (the Council) of an application by his neighbours (Mr and Mrs N) to alter and extend their home.
Specific complaints and conclusions
The complaints which have been investigated are that the Council:
- (a) failed to conduct a competent and impartial evaluation and assessment of Mr and Mrs C's objections to Mr and Mrs N's planning application (partially upheld);
- (b) negotiated what they perceived to be a solution to the issue of privacy without involving Mr and Mrs C and to the exclusion of other solutions (not upheld); and
- (c) did not properly handle their complaint (not upheld).
As the investigation progressed, issues arose concerning the implementation of the planning consent. I, therefore, agreed with Mr and Mrs C and informed the Council that we would investigate that the Council:
- (d) did not take appropriate action in respect of deviations by Mr and Mrs N from the approved plans (partially upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) apologise for the failing identified under head (a)
- (ii) ensure that action is taken to resolve the issue of the oil storage tank as soon as possible; and
- (iii) review whether and how they should involve affected parties in reaching decisions on issues of privacy.
The Council have accepted the recommendations and will act on them accordingly.