Summary: We will not investigate this complaint about prolonged negotiations between the Council and the complainant about highways works arising from a planning issue. We cannot provide the outcome the complainant seeks.

The complaint

1. The complainant, who I refer to here as Mr X, has complained about how the Council has engaged in negotiations arising from a planning issue. He says delay in resolving the issue has disrupted his business plans and caused financial detriment.

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The Ombudsman’s role and powers

2. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered what Mr X said in his complaint and background information provided by the Council.

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What I found

4. In essence, Mr X and the Council have been seeking to resolve a long-standing issue arising from development carried out by Mr X. The Council considers highways works are necessary but there has been no agreement about the extent of the works, who will carry them out and who will pay for them.
5. I understand Mr X would like these issues resolved. However, it is not our role to mediate between Mr X and the Council and we cannot direct either party to accept the other’s position.

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Final decision

6. I have decided we will not investigate this complaint as we could not achieve the outcome Mr X is seeking.

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Investigator's decision on behalf of the Ombudsman