12 014 714

Category : Transport and highways > Other

Decision : Upheld

Decision date : 12 Sep 2013

Summary

Complaint from a man that the Highways Department failed to accept the independent decision of a planning inspector and did not consider his application properly.

The complaint

The complainant had been granted planning permission by a planning inspector on appeal for a vehicle crossover from the highway to his drive. When he applied to the council's Highways Department to have the crossover built, his application was refused. His appeal was also refused . He complained to the Ombudsman that the Highways Department failed to accept the independent decision of a planning inspector and did not consider his application properly.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

The council has agreed to review its Domestic Vehicle Footway Crossover Policy to provide a right of appeal on the grounds of exceptional circumstances and facts of a case and not only procedural irregularity.

The Ombudsman recommends that the council should also:

  • set aside its decision on the application for the crossover and make a fresh decision considering all the facts and arguments (including the planning inspector's decision) that have been set out in the complaint and the Ombudsman's report. The council should give full reasons in writing for how and why it reaches the decision it does.
  • pay the complainant £300 for the injustice caused by the faults identified.

Ombudsman satisfied with council's response: 17 January 2014

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