Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for new properties on a private road Mr X has legal rights to. This is because legal rights of access are not something the Council will consider as part of a planning application and so there is no fault in how the Council reached its decision to grant planning permission.

The complaint

1. Mr X complains the Council has granted planning permission for two new build properties which will use the private road he and other residents share.
2. Mr X says the owners of the properties have no legal rights to use the road and the Council’s decision has caused him significant time and trouble as he has had to seek legal advice.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Planning permission does not give developers legal rights to access land which they do not own or have legal rights over. The Council’s decision to grant planning permission does not give the developer or owners of the new properties any additional access rights than those they already are entitled to.
7. Private rights of access and land ownership are not something the Council will consider as part of its consideration of a planning application. This is because private access rights, covenants and other legal obligations tied to land are civil matters between private individuals and property owners.
8. The Council must consider whether there is safe access onto the public highway and the Council has considered this. Therefore, there is no evidence fault in how the Council reached its decision to grant planning permission and so we will not investigate this complaint.

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Final decision

9. We will not investigate Mr X’s complaint because there is no evidence of fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman