The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s role as a consultee on a planning application for development including a new footway. This is because the complaint is late without good reason, and we could not decide the Council is directly responsible for the effects of the road layout on the complainant.
The complaint
Ms X says the Council wrongly agreed to a proposal for a new footway on her road in 2023. She says the road is too narrow to accommodate the footway, and as a result cars are not able to pass each other easily. Ms X says it is not clear who has right of way, and drivers subsequently use her driveway as a passing point. Ms X says this is unsafe, and she is concerned her driveway will be damaged.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I also considered the Ombudsman’s Assessment Code.
My assessment
The footway near Ms X’s home was installed in November 2023. Ms X complained to us in 2023 about the local planning authority’s decision to approve the planning application for the new footway. There is no reason Ms X could not have raised her concerns about this Council in time.
The Council is not responsible for: the way drivers use the road, so we could not decide it causes the effects Ms X complains about; or property damage claims, which are for the courts to decide if not resolved between the parties.
Final decision
We will not investigate Ms X’s complaint because it is late without good reason, and there is no evidence the Council is directly responsible for the injustice Ms X claims.
Investigator's decision on behalf of the Ombudsman