Source · SPSO (Scottish Public Services Ombudsman)

South Lanarkshire Council

SPSO (Scottish Public Services Ombudsman) Not Upheld Reference 201004241 Sector Local Government Category Handling of application (complaints by opponents) Decided 01 August 2011

View South Derbyshire Council scorecard

Full decision

Summary

The council considered an 'in principle' application to build a house on land in a former coal mining area and approved it, subject to conditions. Mr C, whose property borders the application site, was concerned that reports about the ground stability of the site were not available on the council's planning portal prior to the decision being made and said that the council's actions have not and will not adequately assess this. A detailed application for the development was considered and approved while we were investigating these complaints. We sought the opinion of our planning adviser and he told us that while mineral stability is a material planning consideration, there is no clear guidance on how it should be considered or whether it requires to be considered in relation to 'in principle' applications. We did not uphold the complaints because there was no evidence that the council were required to make the reports available on the planning portal and we considered that the council's consideration of the ground stability issues had been adequate for an 'in principle' application.

Related reading

View Decision Report 201004241 as a PDF (13.96 KB) Updated: March 13, 2018

View original on SPSO (Scottish Publ… website

Other decisions involving South Lanarkshire Council

Reference Date Summary Outcome
202403098 01 Apr 2025 C complained about the handling of two planning enforcement complaints which they had brought to the council in regards to … Upheld
202002423 01 Sep 2023 C reported concerns to the council’s environmental services department about smoke pollution over a number of years as a result … Upheld
202110238 01 Jul 2023 C complained about the actions of South Lanarkshire Council in relation to work that they carried out to a property … Partly Upheld
202107992 01 Jun 2023 C is the parent of two children, A and B, who complained about the council's handling of child protection concerns … Partly Upheld
202001793 01 Mar 2022 C, parent of A, complained to the council that during A's time at school the council had failed to address … Partly Upheld
View all decisions for this organisation