Summary: We will not investigate this complaint about the Council’s decision to grant planning permission to develop land which the complainant says is a full and free right of way. We cannot determine the status of the land. Nor can we require the Council to withdraw the planning permission. Both of which are outcomes the complainant is seeking.

The complaint

1. Mr X complains the Council refuses to accept a developer has claimed a strip of land which he says is a full and free right of way. He says despite being made aware of this the Council granted planning permission.
2. Mr X wants the Council to withdraw the planning permission.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X believes the developer has claimed land which is a right of way.
7. The Council says the land is a private right of way. It says this reserved a right of way to a former owner of the land. This may have been passed on to successors to the title of the land.
8. The Ombudsman cannot determine the status of the land. Nor can we require the Council to withdraw the planning permission.

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Final decision

9. We will not investigate Mr X’s complaint because we cannot achieve the outcome he is seeking.

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Investigator's decision on behalf of the Ombudsman