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
- 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.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these.
- 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)
How I considered this complaint
- 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.
What I found
- 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.
- The Council had to consider the planning application on material planning considerations. Such considerations do not include private rights and interests in land.
- 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.
Final decision
- 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.
Investigator's decision on behalf of the Ombudsman