Summary: We will not investigate Mr X’s complaint about a planning decision in 2021 and the Council’s more recent actions related to parking provision near his home. Part of the complaint is late. There is insufficient evidence of fault in its more recent actions, and an investigation would not lead to a different outcome.

The complaint

1. Mr X complains about the Council’s decision to grant planning permission in 2021 for a development which he says had insufficient parking provision. More recently, he says the Council has failed to act to increase parking capacity in his area or assist residents in their negotiations with the highways authority and a private parking operator. He wants the Council to work proactively to improve the parking provision near his home.

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The Ombudsman’s role and powers

2. 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)
3. 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, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We cannot investigate a complaint about the planning permission granted in 2021. This complaint is late and I can see no good reason to investigate this now.
7. In its recent complaint response, the Council told Mr X it was limited in what action it could take, as it was not the highways authority and was not accountable for the actions of private parking contractors. It advised Mr X he could seek legal advice to assist in any negotiation with the private contractor. It also advised him of a local car parking permit scheme that was open to residents to use.
8. We will not investigate the Council’s recent actions as there is insufficient evidence of fault. Surrey County Council is the highways authority for Mr X’s area. This Council is not the highways authority, so it has no power to amend parking restrictions on the highway to increase local parking provision. It has correctly advised Mr X that he would need to approach Surrey County Council about this matter, and it is open for Mr X to do this.
9. The Council is also not responsible for the actions of private parking contractors. This is a private matter between residents and the parking operators. The Council has advised Mr X to seek legal advice to assist with any engagement with the private contractors. This is an appropriate response. An investigation by us would be unlikely to achieve a different outcome or achieve anything more.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault and an investigation would not lead to a different outcome or achieve anything more.

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Investigator's decision on behalf of the Ombudsman