South Gloucestershire Council (04B17511)

Rights of way                                Maladministration causing injustice

06 April 2006

‘Mr Oakham’ (not his real name) complained about the Council’s predecessor’s failure to inform him of the correct line of a footpath crossing his property. In August 1995 the Council’s predecessor had deferred granting planning permission for Mr Oakham’s stable block to determine the line of the footpath. The Council’s predecessor marked out the line of the footpath and, in October 1995, granted Mr Oakham planning permission to build a stable block. He built his stable block and in 1999 the Council wrote to him informing him that the footpath was now obstructed by the building or its ancillary structures such as a garden wall. In November 1999 the Council agreed a mistake had been made and pursued a footpath extinguishment order, but this was not successful. The Council confirmed a diversion order on 21 February 2006.

The Ombudsman upheld Mr Oakham’s complaint that he had been misinformed and that the Council had taken too long over the diversion process. The Council had not clarified the confusion as to the exact line of the footpath, leading Mr Oakham to experience delay, inconvenience and a justifiable sense of outrage.

The Ombudsman notes that the Council has now agreed a route for the footpath, and it has confirmed a diversion order which will take the route away from Mr Oakham’s house and stable block.

The Ombudsman finds maladministration causing injustice and recommends that the Council should pay Mr Oakham £2,500.

Date Published: 22/01/09