Coun­cil in clear over fes­ti­val fuss

Om­buds­man re­jects com­plaints about PKC

Strathearn Herald - - NEWS -

con­sent that would have forced DF Con­certs to com­pen­sate lo­cal res­i­dents af­fected by the dis­rup­tion caused by the fes­ti­val’s con­tro­ver­sial move to Strathal­lan.

Its de­ci­sion re­port said: “We were sat­is­fied that the coun­cil fol­lowed plan­ning pro­ce­dure in de­ter­min­ing the plan­ning ap­pli­ca­tion in ac­cor­dance with the terms of the rel­e­vant leg­is­la­tion.

“The advice we re­ceived was that, while the coun­cil ac­cepted that there was some dis­tur­bance to lo­cal res­i­dents, the plan­ning con­di­tions im­posed were aimed at safe­guard­ing the amenity, health and safety of neigh­bour­ing res­i­dents.

“As such, we did not up­hold the com­plaint that the coun­cil un­rea­son­ably granted the developer per­mis­sion to use the junc­tion.

“We also found that there was no re­quire­ment on the coun­cil, as plan­ning author­ity, to carry out en­vi­ron­men­tal mon­i­tor­ing.

“We found that con­di­tions had been placed on the plan­ning con­sent aimed at en­sur­ing that the amenity, health and safety of res­i­dents was safe­guarded and that dis­tur­bance was min­imised.

“We did not up­hold the com­plaint that the coun­cil failed to un­der­take en­vi­ron­men­tal mon­i­tor­ing.

“In re­la­tion to Mr C’s con­cern that the work­ing hours were ex­tended, we found that a plan­ning con­di­tion had al­lowed for a change in the hours of op­er­a­tion.

“We did not up­hold this as­pect of the com­plaint.

“We were also sat­is­fied that when the al­leged breach of amended hours was brought to the coun­cil’s attention they took rea­son­able ac­tion. As such, we did not up­hold the com­plaint that the coun­cil un­rea­son­ably failed to take en­force­ment ac­tion.

“Fi­nally we were sat­is­fied that the coun­cil cor­rectly ex­plained that they were un­able to ap­ply a plan­ning con­di­tion re­quir­ing that af­fected res­i­dents should re­ceive com­pen­sa­tion from the developer and we did not up­hold this as­pect of the com­plaint.”

No ac­tion T in the Park

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