Source · SPSO (Scottish Public Services Ombudsman)

Glasgow City Council

SPSO (Scottish Public Services Ombudsman) Partly Upheld Reference 201406482 Sector Local Government Category handling of application (complaints by opponents) Decided 01 May 2016

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Full decision

Summary

Miss C raised a number of issues about the council's handling of a planning application; in particular, that the development had not been built in line with approved plans. Miss C was also concerned that she had not been notified about amended plans which had been submitted. She also complained that the council failed to include a screening condition within the planning decision notice, and about the council's handling of her representations.

We took independent advice from a planning adviser. During our investigation we found that the council had responded to Miss C's concerns about the planning merits of the development and while there was a variation in relation to the height of the development, this was small and did not represent a material difference. As such, no further action was necessary. We found no evidence of fault in the handling of the planning application. While we also found no evidence of fault in arriving at the decision that there was no need for a screening condition, we were concerned that Miss C had been provided with conflicting information on this matter.

While we did not find that the council's responses to Miss C's representations were unreasonable, we found that they should have clarified at an earlier stage whether Miss C was raising a complaint in terms of their complaints handling procedure and should have provided information on progressing her complaint.

Recommendations

We recommended that the council: remind staff of the requirements of the complaints handling procedure in relation to identifying complaints at the outset and providing relevant information on progressing a complaint; apologise for their handling of this matter; and review this case to see if any further lessons can be learned to prevent a similar situation occurring in the future.

Related reading

View Decision Report 201406482 as a PDF (13.09 KB) Updated: March 13, 2018

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