Bristol City Council (20 009 344)
The Ombudsman's final decision:
Summary: Mr X disputes the amount demanded by the Council for removing a covenant on land he owns. We will not investigate this complaint because this matter can be taken to a Land Tribunal.
The complaint
- Mr X disputes the amount demanded by the Council for removing a covenant on land he owns.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. 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)(a), as amended)
How I considered this complaint
- I have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.
What I found
- Mr X owns land subject to a covenant with the Council. Mr X asked the Council to lift the covenant. The Council agreed subject to the payment of a fee. Mr X says that the Council initially agreed to a fee which was reasonable but they then increased the fee demanded to 26,000 pounds.
- The Council argued that the increase in the value of land justified the amount sought. The Council is under no legal obligation to agree to lift any restrictive covenant.
- Any dispute about the lifting of a covenant can be taken to a Land Tribunal. The Ombudsman cannot adjudicate the amount of appropriate payment to the Council.
- The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
Final decision
- I do not intend to investigate this complaint because this can be considered by a tribunal.
Investigator's decision on behalf of the Ombudsman