London Borough of Enfield (21 012 655)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 17 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to refuse a planning application for a dropped kerb. This is because Ms X had appeal rights to the Planning Inspectorate which we would reasonably have expected her to have used.
The complaint
- The complainant, who I refer to as Ms X, complains about the Council’s decision to refuse her application for a dropped kerb when it has allowed other properties in a similar position to her own to have one.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone can appeal to a government minister. 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)(b))
How I considered this complaint
- I considered information provided by Ms X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X lives on a classified road so when she sought consent from the Council to install a dropped kerb at her property, she had to submit a planning application.
- The Council refused permission for the dropped kerb, and in responding to Ms X’s complaint about its decision and that other properties in a similar position to hers had been allowed one, it explained each case is considered on its individual merits. It told Ms X that in her case, permission had been refused for a number of reasons, including loss of a street tree, road safety issues and increased pressure on on-street parking.
- The restriction highlighted at paragraph 3 applies to Ms X’s complaint. She had appeal rights to the Planning Inspectorate to challenge the Council’s decision on her application. As we would reasonably have expected her to have used this alternative remedy, her complaint falls outside our jurisdiction and will not be investigated.
Final decision
- We will not investigate Ms X’s complaint because she had appeal rights to the Planning Inspectorate which we would reasonably have expected her to have used.
Investigator's decision on behalf of the Ombudsman