Summary: We will not investigate this complaint about how the Council dealt with the complainant’s application for a vehicle crossover. This is because we are unlikely to find fault.

The complaint

1. Mr X has complained about how the Council dealt with his application for a vehicle crossover. Mr X disagrees with the Council’s decision to refuse his application and says he can install the vehicle access without permission using his permitted development rights. Mr X says the Council should refund the application fee he paid.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating.
3. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X disagrees with the Council’s decision to refuse his request for a vehicle crossover. But I am satisfied the Council’s decision to refuse permission is in line with its criteria for dropped kerbs. The Council’s website also makes it clear that permission will not be given in certain circumstances and the application fee is non-refundable even if permission is refused.
7. Mr X says he can install the vehicle access without the Council’s permission using his permitted development rights. However, while permitted development rights may mean a planning application is not required, the Local Highway Authority also needs to give permission for a vehicle crossover under the Highway Act. This will be separate to the planning process and required even when permitted development rights exist.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman