Summary: We will not investigate this complaint about a right of way that passes through Mr X’s garden. It is reasonable for him to apply for a public path diversion order and use his right of appeal to the Planning Inspectorate if necessary.

The complaint

1. Mr X complained the Council diverted a public right of way into his garden. He says this has caused several issues, including reducing his property’s value, enabling dog fowling and anti-social behaviour on his property, and impact on his privacy. He wants the Council to move the right of way so that it is at the boundary of his land, rather than running through it.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X has a public right of way running through his garden. He says the Council diverted this without making a diversion order. However, he says problems have since arisen when he has tried to apply for planning permission on his land, indicating the right of way may not be in line with his expectations.
6. Mr X says he should not have to apply for a public path diversion order, which involves paying a fee, as a matter of principle. However, it is reasonable for him to do so. If the right of way is recorded as running through the middle of his garden, when he wants it to run at the boundary of his garden, his right of recourse is via the Planning Inspectorate should the Council refuse his application to divert it.
7. We are not an appeal body and we cannot decide to move the right of way. Only the Planning Inspectorate can make this decision. Where a person has a statutory right of appeal to a government minister, we will usually not investigate the matter. There is not a good reason in this case for us to investigate the matter instead.

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Final decision

8. We will not investigate Mr X’s complaint because it is reasonable for him to use his right of appeal to the Planning Inspectorate should the Council refuse his application to divert the right of way.

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Investigator's decision on behalf of the Ombudsman