Archive has 33 results
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Statement Closed after initial enquiries Rights of way 12-Jan-2021
Summary: Mr and Mrs X complained about the Council’s failure to remove a right of way on their property from its definitive map. We should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.
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Shropshire Council (19 002 080)
Statement Upheld Rights of way 06-Jan-2021
Summary: Mrs B complains that the Council wrongly sold her neighbour a piece of land between their properties which forms part of a public right of way and then failed to prevent the neighbour blocking up the passageway. She also says the Council delayed in resolving the matter and in responding to her complaint. We find the Council was at fault in wrongly including the passageway in the sale and in taking too long to resolve the issue. It also failed to keep Mrs B informed and delayed in responding to her complaint. The Council has agreed to apologise to Mrs B and pay her £1000 in recognition of the distress and inconvenience caused.
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Statement Not upheld Rights of way 15-Dec-2020
Summary: Mr X complains about the way the Council has dealt with issues relating to a public footpath that runs alongside part of his land. He says this has meant he has limited or no access to his field because of flooding, and he cannot mow his field. He says this also impacts on everyone who uses the footpath. The Ombudsman does not find the Council at fault. The Ombudsman has not investigated the part of Mr X’s complaint about the Council failing to take sufficient action to repair the damage to the surface of the footpath. This is because he can take this complaint to court.
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Ashfield District Council (20 007 879)
Statement Closed after initial enquiries Rights of way 11-Dec-2020
Summary: We cannot investigate this complaint. This is because it is not an administrative function of the Council to provide support in private land disputes and the matter itself has already been considered by the courts.
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London Borough of Bromley (20 005 642)
Statement Closed after initial enquiries Rights of way 02-Dec-2020
Summary: We will not investigate this complaint that the Council is unreasonably denying access to a road which it owns and maintains at the public expense. This is because it is ultimately for the courts to decide about the status of the road, and we cannot achieve the outcome the complainant is seeking from his complaint.
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Statement Not upheld Rights of way 27-Nov-2020
Summary: Mrs X complains that the Council says it will take over ten years to make a modification order about a footpath near her home. She says this is an unreasonable timescale. She says the footpath is blocked so she has to walk down a single-track road which is unsafe. The Ombudsman does not find the Council at fault.
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Nottinghamshire County Council (20 003 546)
Statement Not upheld Rights of way 13-Nov-2020
Summary: Mr X complains about the Council’s delay in referring a map modification order to the Planning Inspectorate. The Ombudsman has discontinued our investigation. This is because Mr X has asked the Ombudsman to withdraw his complaint as the Council has now referred the matter to the Planning Inspectorate.
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City of Doncaster Council (20 001 022)
Statement Not upheld Rights of way 13-Nov-2020
Summary: Mr X complained the Council has followed the incorrect process in its attempt to change a bridleway into a byway open to all traffic to allow vehicles to access a Council owned car park. The Ombudsman will not investigate this complaint further. The Planning Inspector held a public inquiry into the Council’s decision to buy the land using compulsory purchase powers and the Ombudsman has no jurisdiction to consider matters already considered by the Planning Inspector. Mr X has also raised matters we have considered in a previous complaint and is disputing points of law which the courts are better placed to decide.
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Essex County Council (20 005 082)
Statement Closed after initial enquiries Rights of way 30-Oct-2020
Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s threats of legal action for obstruction of a footway. This is because the complaint concerns a dispute over the extent of the public highway which the courts are better placed to deal with.
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Middlesbrough Borough Council (20 003 096)
Statement Not upheld Rights of way 23-Oct-2020
Summary: Mrs D complains about a public right of way and matters associated with it including criminal damage. The Ombudsman has discontinued the investigation. That is because an investigation would not add to the Council’s response on part of the complaint. Other issues are premature and need to be considered under the Council’s complaints process before the Ombudsman can look into them.