Summary: Mr X complained about the Council’s decision to refuse his 2024 application to extend his dropped kerb. The Council accepted it did not consider all the circumstances relevant to Mr X’s application. It agreed to approve Mr X’s application and pay a financial remedy for Mr X’s avoidable frustration and time and trouble.

The complaint

1. Mr X complained the Council refused his 2024 application to extend his dropped kerb, despite approving an earlier application in 2021 if Mr X extended his driveway and took out a wall first.
2. Mr X said the Council did not put a time limit on the 2021 approval, and he spent thousands of pounds completing the preparation work the Council asked him to do.
3. The Council’s decision caused Mr X distress and financial expense.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. As part of the investigation, I considered the complaint and the information Mr X provided.
7. I made written enquiries of the Council and considered its response along with relevant law and guidance.
8. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Dropped kerbs

9. If a motorist needs to drive across the pavement into a driveway or parking area, they need a dropped kerb. A dropped kerb or vehicle crossover is an area of lowered pavement and kerbstones. The property owner must get the authority’s permission to install a dropped kerb.
10. Authorities have their own processes, fees and rules for approving dropped kerb applications. We expect authorities to be clear and make people aware of any relevant conditions before they pay a fee which they may not get back.

What happened

11. I have summarised below some key events leading to Mr X’s complaint. This is not intended to be a detailed account of what took place.
12. Mr X applied to extend his existing dropped kerb in August 2021. This involved removing a section of grassed area forming part of the pavement.
13. The Council authorised Mr X’s application in September 2021 and gave a quote for the work. The Council also said Mr X needed to install a driveway and remove a wall in front of his home.
14. Mr X completed the work and re-applied to extend his dropped kerb in September 2024.
15. The Council refused Mr X’s application. It said Mr X already had a dropped crossing allowing access to his drive and the grassed areas at each side cannot be removed.
16. Mr X sent the Council a copy of the approval and quote from 2021. He also confirmed he carried out the work the Council asked for so that he could have the dropped kerb extension.
17. The Council referred to its Green and Blue Infrastructure Strategy. It said Mr X’s proposed crossing extension would result in the reduction of green space, which is contrary to the Council’s policy of protecting and enhancing these areas.
18. Mr X complained. He said he applied for a dropped kerb extension in 2021, which the Council approved. The approval was not time limited. The Council asked him to install a double driveway and have a wall removed to extend the dropped kerb. Mr X did the work, spending thousands of pounds. Mr X reapplied in 2024, due to anticipated increased costs, but the Council refused his application. Mr X said the Council approved similar dropped kerb applications for other residents on his street.
19. The Council said it had explained the reasons it refused Mr X’s application, and those reasons supersede any previous agreement. It confirmed it could not approve an extension to Mr X’s vehicle crossover.
20. Mr X escalated his complaint to stage two of the Council’s complaint procedure.
21. The Council acknowledged the approval from 2021 did not have an expiry date, but said it would not be reasonable to expect it to remain valid for an indefinite period.
22. The Council also said policies and guidance change from time to time, and officers must comply with what is in place at the time they make decisions. Officers currently must have regard to the Council’s Green and Blue Infrastructure strategy, refreshed in 2022.

My investigation

23. Mr X told me he applied to extend his dropped kerb in 2021. The Council approved his application, but he had to put in a double driveway and take down a wall in front of his home first. He did not have the money for this extra work at the time.
24. Mr X completed the extra work in summer 2024. He knew the price of a vehicle crossover extension would not be the same as in 2021, so he re-applied. This time the Council refused his application.
25. Mr X said he gave the Council a copy of his approval quote from 2021 and explained he needed to save up money to complete the work the Council asked him to do. However, the Council did not change its decision.
26. Mr X said the Council approved a neighbour’s dropped kerb application in similar circumstances.
27. The Council told me it does not have a formal policy or procedure for its staff to refer to when deciding dropped kerb applications, but this is under review.
28. The Council said extending Mr X’s dropped kerb would involve taking away a retaining wall to a lawned area next to the pavement. This is an aesthetic feature of the area and replacing the wall with edgings would not be enough.
29. The Council said it has consistently declined dropped kerb applications since 2022 which would result in avoidable removal of public green space. Although its Green and Blue Infrastructure Strategy does not specifically reference vehicle crossover applications, it sets out a commitment to protect and enhance green infrastructure across the city. This includes gardens, verges and street trees, which are often impacted by dropped kerbs. The Council therefore said it was correct to consider the strategy when assessing applications that may result in avoidable loss of public green space.
30. However, given the circumstances, the Council said it should have considered the history of approvals in the area and the time, effort, and cost incurred by Mr X to complete the works based on the original approval. After further review, the Council has decided to approve Mr X’s application to extend the dropped kerb. This is on the basis that Mr X removes the retaining wall and reinstates it at his own expense.
31. The Council accepts there were exceptional factors it could have taken more into account in this case. It therefore offered to apologise to Mr X for the inconvenience and frustration caused by the delays in the Council reaching a decision. It will also offer Mr X £100 as a goodwill gesture for this, and a further £100 for the time and trouble of having to complain.

Analysis

32. The Council recognised it failed to consider all the circumstances relevant to Mr X’s application, which is fault.
33. The Council also recognised its decision caused Mr X frustration and he incurred time and trouble having to complain for the Council to reconsider. It has offered £200 in recognition of this.
34. The Council will now approve Mr X’s application; on the condition he re-instates the retaining wall to the grassed area at his own expense.
35. I am satisfied the Council has offered a suitable remedy for the injustice which is in keeping with the Ombudsman’s guidance on remedies.
36. The Council is also reviewing whether to introduce a formal policy or procedure for staff considering vehicle crossover applications.
37. On the evidence seen, the Council’s website for dropped kerb applications now includes a 90-day deadline for applicants to accept a quote. If not, they must reapply.
38. I therefore did not make any service improvement recommendations.

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Agreed Action

39. Within four weeks of my final decision, the Council will:
• Issue Mr X a decision accepting his dropped kerb extension application. This should set out the costs and any work Mr X needs to do to reinstate the retaining wall.
• Issue an apology to Mr X for failing to consider all the relevant circumstances when he reapplied for a dropped kerb extension in 2024.
• Pay Mr X £200 in recognition of the avoidable frustration he suffered and the time and trouble he incurred complaining.
40. The Council should provide us with evidence it has complied with the above actions.

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Final Decision

41. The Council accepted it did not consider all the circumstances relevant to Mr X’s application. It has offered a suitable remedy for the injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman