A business has lost its fight with the council over a recent road upgrade they claim had been completed without public consent.
They added, “It is quite apparent that since these works have been completed we have noticed a downturn in trade.
“This is not what businesses need in these times- a consideration that the council has ignored despite us having raised it on numerous occasions.”
Since contractors began work on the road both Lawntech employees have repeatedly made their objection known to local councillors and city officials.
They even wrote to the First Minister Alex Salmond who is, as yet, to respond.
However, the SPSO decision looks to have brought the matter to an end with no plans for an appeal.
“Now having this decision from the SPSO, whether we agree or not, it appears that there is not much that we can do,” said Lawntech.
Before ending their statement they fired a shot over the bow of city councillors and the leader of the administration over their conduct throughout the grievance.
“Despite asking Ken Guild several times for a meeting to discuss the council and councillors’ performance during our complaints, we have never had the courtesy of a reply -this is despite the fact that after having two apologies from the chief executive.
“In a supposed democratic society it is a right to seek answers to questions-however, answers can only be obtained if people are willing to communicate,” they finished.
Dundee City Council gave only a brief reaction to the SPSO’s verdict, confirming they had received a copy of the ombudsman’s findings.
The Dundonald Street works were completed in February and funded through the Scottish Government’s Smarter Choice, Smarter Places fund and the Dundee Partnership fund.
Bosses at Lawntech Garden Machinery, based in Manhattan Works, were left disappointed after the Scottish Public Services Ombudsman (SPSO) failed to uphold any of their complaints against the authority.
For months the Stobswell firm has voiced its frustration at the council’s £52,000 project to narrow a stretch of Dundonald Street through a series of pavement ‘build outs’ as well as alter the parking layout that they claim has hurt trade.
The issue flared up last November when contractors began the roadworks on the thoroughfare, which is a key bus route linking Arklay Street with Stobswell Road.
Lawntech reacted angrily to the move after claiming they and neighbouring businesses and private residents had not been given the opportunity to object to the plans.
However, the council has always denied this and even produced a mailing list showing names and addresses of those who were sent letters notifying them of the works in a bid to quash the accusation.
Lawntech maintains the letters were never received and believes the roadworks were neither wanted nor needed.
In April, after discussions with councillors and city officials, they took their grievance to the SPSO which handles complaints against public services in Scotland.
They asked the SPSO to investigate three areas of contention, including the allegation the new road layout was unsafe to drivers and pedestrians.
The second point was over the alleged lack of consultation, and the final issue was over the council’s “inadequate” response to public enquiries.
The SPSO reporter ruled council officials acted correctly and had no case to answer.
In a joint statement, Brian Dunbar, manager of Lawntech, and John Kochaniuk, owner of the firm, said, “Having looked at their decisions there would be no point in going down this route again.
“Having reached this point we would have to now agree with all the people that told us from the outset that although we were probably correct in the points we raised we could never win.
“It appears that they were correct.
“During the whole process we were surprised at the large number of people that contacted us to say they also had difficulties with the council, and we thank them for their support and wish them more luck than us.”
Continued…