Blackburn with Darwen Council (19 006 972)

Category : Other Categories > Land

Decision : Closed after initial enquiries

Decision date : 02 Oct 2019

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate this complaint that the Council relating to land the complainant owns. The Ombudsman is unlikely to find fault by the Council and cannot resolve disputes about land ownership. The Council has agreed to meet with the complainant about his concerns.

The complaint

  1. The complainant, who I refer to here as Mr B, has complained about issues relating to land he owns. He would like the Council meet with him to discuss these issues.

Back to top

The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these.
  2. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:
  • it is unlikely we would find fault; or
  • we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

  1. I have considered what Mr B said in his complaint and background information provided by the Council. I have also discussed the complaint with Mr B.

Back to top

What I found

  1. Mr B says the Council has granted planning permission for development on land which he owns. He says should the leave the land as it is or offer to buy the land from him. The Council says the land concerned is adopted highway.
  2. The Council had to consider the planning application on material planning considerations. Such considerations do not include private rights and interests in land.
  3. A dispute about ownership of land is a private civil matter between the parties involved. It is not something we could resolve. The Council has, however, offered to meet with Mr B to discuss the issues of concern to him.

Back to top

Final decision

  1. I have decided we will not investigate this complaint. This is because we are unlikely to find fault by the Council and cannot provide the remedy Mr B is seeking.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings