London Borough of Waltham Forest (25 011 002)

Category : Transport and highways > Parking and other penalties

Decision : Closed after initial enquiries

Decision date : 18 Dec 2025

The Ombudsman's final decision:

Summary: We will not investigate Miss X’s complaint about how the Council managed her planning application for a dropped kerb request on her property. This is because the complaint is late and there are no good reasons why Miss X did not complain sooner.

The complaint

  1. Miss X complained about how the Council managed her planning application for a dropped kerb request on her property. She said she spent a significant amount of money preparing her driveway for the dropped kerb and it also caused her distress. She wants the Council to pay her for the works she had carried out on her driveway.

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The Ombudsman’s role and powers

  1. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

  1. I considered information provided by Miss X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Miss X wanted a dropped kerb outside her property. In 2021, Miss X submitted a planning application for her driveway to be constructed before any work could be done on the kerb. The Council approved her planning application in late 2021. Following this, Miss X carried out work on her driveway.
  2. In mid-2022, Miss X submitted a further application to the Council for the dropped kerb request. Shortly after in 2022, the Council visited her property and inspected the works which had been completed to her driveway. It approved her application provided she would make some changes to her driveway as some features of the driveway were non-compliant with its relative policy which the Council reviewed and amended in May 2022.
  3. Miss X was unhappy with the Council’s decision. She said the Council did not make her aware it was going to review its policy. It would cost Miss X additional money to make changes to her driveway.
  4. We expect people to complain to us within 12 months of becoming aware of the matter complained of. Miss X’s complaint is late and there are no good reasons why she did not complain sooner. We will therefore not investigate her complaint.

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Final decision

  1. We will not investigate Miss X’s complaint because it is late and there are no good reasons why she did not complain sooner.

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Investigator's decision on behalf of the Ombudsman

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