Summary: The Ombudsman will not investigate this complaint about the Council unreasonably refusing an application for a dropped kerb outside the complainant’s home. This is because the Council cannot grant permission until it formally adopts the road as a public highway.

The complaint

1. The complainant whom I shall refer to as Mr X complains the Council unreasonably refused an application for a dropped kerb outside his home. This prevents him parking an electric vehicle within his boundary for charging and which would relieve highway issues in the area.
2. Mr X wants the Council to grant approval for a dropped kerb.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers.
4. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
5. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

Back to top

How I considered this complaint

6. In reaching this decision I have:
• Spoken with Mr X’s representative;
• Reviewed the information presented with the complaint;
• Researched the law on our powers and the legal status of the road;
• Shared a draft of this decision with Mr X and the Council giving them an opportunity to comment on it. I have considered any comments received.

Back to top

What I found

The law

7. Under the Highways Act 1980 the Council as highway authority has responsibility for highways ‘maintained at public expense’ such as roads adopted by the Council as highways under a highway adoption agreement with a developer.
8. Where a highway has not been dedicated or adopted as a highway the Council has no authority to undertake work or agree to others undertaking work.

Facts

9. Mr X moved into his home in 2016. The roads on the development where he lives have been laid out by the developer but not yet adopted by the Council. When consulted on the planning application by the planning authority the Council says it objected to the application. In its view the parking and layout of the roads are poorly conceived and do not meet the Council’s guidance on parking provision.
10. Mr X asked the Council if it would allow him to have a dropped kerb outside his home. This would allow him to access and park an electric car on his property close enough to connect to a charger. The Council said it would not approve a dropped kerb because the proposal would not meet its guidelines on dropped kerbs. Mr X presented evidence he believes refutes the Council’s view and so believes any further application may be futile.
11. The Council has no authority to grant permission for a dropped kerb until it decides to adopt and formally accept responsibility for the road as a ‘highway maintained at public expense’. Therefore, the road remains in the ownership and control of the developer who laid out the roads on the estate.

Analysis

12. The Council does not have control of the road outside Mr X’s home. Therefore, the Council cannot formally approve or refuse a dropped kerb application. It has however told Mr X it will not approve the proposal, but it must consider this afresh if it adopts the road and receives a further application.
13. I cannot investigate a complaint about something which currently is outside the Council’s jurisdiction because until it adopts the roads it has no authority to allow the dropped kerb resolving Mr X’s problem. Until the Council takes responsibility for the road, and therefore has authority to grant or refuse the dropped kerb I cannot investigate complaints about how it considers such an application.

Back to top

Final decision

14. For the reasons set out in this statement the Ombudsman will not investigate this complaint.

Back to top

Investigator's decision on behalf of the Ombudsman