Summary: There is no fault by the Council. It determined a planning application on the information available, including the presence of a shared driveway. The legal dispute between neighbours over parking and boundaries is not a matter for the Council or the Ombudsman.

The complaint

1. The complainant, whom I shall refer to as Mrs B, complains about the Council’s decision in relation to her neighbours gate, as it has caused problems with access to a shared drive.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

How I considered this complaint

4. I read the papers put in by Mrs B and discussed the complaint with her.
5. I gave the Council and Mrs B the opportunity to comment on my draft decision.

Back to top

What I found

6. The Council granted planning permission for a gate next to a neighbour’s house in 2016. Mrs B was away so was not aware of the planning application and could not object.
7. Mrs B complains that the Council’s decision to grant permission for the neighbours gate has restricted access to the shared driveway. That if the area by the gate is kept free, the neighbour parks their cars in a way that can sometimes restrict access to Mrs B’s parking spaces.
8. Mrs B has a legal right to use the shared driveway and if her neighbour blocks it, this is private legal dispute. The granting of planning permission does not prevent Mrs B from continuing to have the legal right to use the shared driveway. If her neighbour blocks it, then this is a matter between her and her neighbour. So, I find no fault by the Council on this point. Especially as the plans submitted by the neighbour clearly show part of the drive was a shared access.
9. Mrs B has explained that on the planning application, her neighbour said that she had notified Mrs B and other neighbours of the planning application as they were owners or had an interest in the land. Mrs B says that this statement on the planning application is false, as she was out of the country at the time.
10. I understand Mrs B’s frustration. However, the Council is entitled to take the statements on the planning application at face value, unless otherwise informed at the time. As there were no objections to the planning application, the planning officer was entitled to determine the application on the information he had and I find no fault on this point. I appreciate that Mrs B will always wonder what would have happened if she had objected, but I cannot say that the Council has been at fault.
11. Mrs B also complained to the Council that the gate has been built slightly differently to how it is shown on the approved plans. The Council has investigated and concluded that the difference, in that the gate slides to one side rather than both sides, is no different visually when the gate is closed. So, it is not expedient to take enforcement action on this point. This is a decision the Council is entitled to take and from the information I have, it has made a decision aware of all the facts, including Mrs B’s objections. So, I can find no fault on this point.
12. Mrs B complains that the development has encroached onto her land. I can appreciate how difficult a situation this is, but this is not the fault of the Council. Anyone can apply for planning permission, whether they own the land or not. Granting planning permission does not give the applicant legal rights over someone else’s land and does not mean that the development is legally permissible. Mrs B has explained that she is in a legal dispute with her neighbours over the issues and this is a private matter between her and her neighbours. The Ombudsman cannot investigate the neighbour, a private individual, only the Council.

Back to top

Final decision

13. I have completed my investigation of this complaint. This complaint is not upheld as I find no evidence of fault.

Back to top

Investigator's decision on behalf of the Ombudsman