Source · SPSO (Scottish Public Services Ombudsman)

North Ayrshire Council

SPSO (Scottish Public Services Ombudsman) Not Upheld Reference 201301311 Sector Local Government Category handling of application (complaints by opponents) Decided 01 March 2014

View North Tyneside Council scorecard

Full decision

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.

Related reading

View Decision Report 201301311 as a PDF (11.38 KB) Updated: March 13, 2018

View original on SPSO (Scottish Publ… website

Other decisions involving North Ayrshire Council

Reference Date Summary Outcome
202004623 01 Jun 2024 C complained about the advice received and actions taken by trading standards in relation to concerns that they had reported … Not Upheld
202007741 01 Mar 2023 C complained that the council's response to their reports of anti-social behaviour had been inadequate. C said that their neighbour … Not Upheld
201807397 01 Nov 2020 C complained that the council, as planning authority, failed to provide reasonable justification to discharge two conditions relating to an … Not Upheld
201807030 01 Sep 2020 Mr C complained about the council's communication with him. Mr C owns a flat in a building in which the … Upheld
201900245 01 Aug 2020 Ms C complained about the council's handling of a planning application for a housing development adjacent to her property. Ms … Upheld
View all decisions for this organisation