The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to deny him access to land it owns. This is because he has not been caused an injustice as a result of the actions of the Council.
The complaint
Mr X complains the Council has not allowed him access to land it owns. Mr X says he has applied for planning permission to develop the land and the Council says he needs to carry out an ecological survey but it will not allow him access to do this. Mr X says he has incurred significant costs pursuing his planning application.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X made the planning application for the land without arranging access and he did so at his own risk. The Council has consistently told Mr X that it will not sell him the land to be developed in the way he proposes.
Whilst planning applicants can apply for planning permission on land they do not own there is no requirement for the land owner to grant them access. The Council’s planning functions are also separate to its functions as a landowner. The fact the Council’s planning department has recommended an ecological survey of the land does not mean the Council is compelled to allow Mr X access to it.
Therefore or the reasons set out above Mr X has not been caused an injustice as a result of the actions of the Council.
Final decision
We will not investigate Mr X’s complaint because he has not been caused an injustice as a result of the actions of the Council.
Investigator's decision on behalf of the Ombudsman