Source · SPSO (Scottish Public Services Ombudsman)

Loch Lomond and The Trossachs National Park Authority

SPSO (Scottish Public Services Ombudsman) Not Upheld Reference 201406263 Sector Local Government Category policy/administration Decided 01 May 2015

Full decision

Summary

Mr C complained that when assessing a planning application, the park authority failed to give priority to the primary aim of the park which is to conserve and enhance the natural and cultural heritage of the area. Mr C suggested that this application caused conflict amongst the aims of the park and, as a result, section 9 of the National Parks (Scotland) Act 2011 should be invoked. This requires that the primary aim of the park be given priority where conflict of the other aims exist.

The park authority explained that their planning policies take account of the park's aims. They explained that this development was assessed on its merits, and against the parks policies and local plan, and it was determined that the development could be granted consent and proceed without an unreasonable impact on the area.

We considered the park authority's review of this application and noted that they had demonstrated the relevant policies and procedures against which this development must be assessed. They explained their decision-making process and the reasons for recommending approval to the planning committee. They also provided details of the mitigation required through planning conditions. We found no evidence to suggest that this application was not appropriately considered against relevant planning policies and we found the park authority's view that Section 9 of the Act need not be invoked to be reasonable. For this reason, we did not uphold the complaint.

Related reading

View Decision Report 201406263 as a PDF (11.26 KB) Updated: March 13, 2018

View original on SPSO (Scottish Publ… website

Other decisions involving Loch Lomond and The Trossachs National …

Reference Date Summary Outcome
201700731 01 Sep 2018 Mrs C owns a property which is adjacent to a park owned by a community trust. A number of years … Not Upheld
201508565 01 Aug 2016 Mrs C applied to the park authority for a repair grant; it was initially refused, but later an offer of … Not Upheld
201402300 01 Jun 2015 Mr C complained that Loch Lomond and The Trossachs National Park Authority failed to handle his planning application appropriately. He … Not Upheld
View all decisions for this organisation