Essex County Council (24 006 645)
Category : Transport and highways > Highway adoption
Decision : Closed after initial enquiries
Decision date : 20 Sep 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s involvement with highway alterations in relation not a planning application. The application has not yet bene determined and Mr X would need to challenge any decision affecting his property by way of the courts.
The complaint
- Mr X complained about the Council’s proposals to alter the adoption status of the road where he lives in response to a proposed planning application. He says the changes will affect the value of his home or will take some of his land on the highway boundary resulting in a legal dispute.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I considered the information provided by the complainant and the Council’s response.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the Council was consulted about highway adoption matters which are part of a planning application by developers for the estate where he lives. He says the proposals will result in either an impractical layout which will leave his home devalued on a private unadopted road, or which will involve the Council annexing a strip of land on his boundary which he claims is his own. He says this will result in a legal dispute between him and other residents and the Council.
- The Council is the highway authority and it is required to consider the implications of proposed development and submit comments to the local planning authority, which is the district council in this case. The plans have not yet been determined so any of the scenarios which Mr X is concerned about are currently conjecture and may not happen at all if the plans are withdrawn or amended. We will not investigate complaints about matters where no decision has been taken as the question of injustice has not arisen.
- As a private householder Mr X should have been aware of any covenants and the boundary status of his home when he purchased it. If he has reason to believe that any action by the Council will involve taking his land or breaching legal covenants attached to his home he would need to seek legal advice. We cannot consider private legal disputes about land ownership or boundaries and only the courts could determine if the Council had breached any legal entitlement.
Final decision
- We will not investigate this complaint about the Council’s involvement with highway alterations in relation not a planning application. The application has not yet bene determined and Mr X would need to challenge any decision affecting his property by way of the courts.
Investigator's decision on behalf of the Ombudsman