Shropshire Council (19 003 194)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 21 Oct 2019
The Ombudsman's final decision:
Summary: Mr X complained about the Council’s construction of a traffic safety feature outside his property. The Ombudsman should not investigate this complaint. This is because the Council has decided to remove the feature and there is no remaining injustice which would warrant an investigation.
The complaint
- The complainant, whom I shall call Mr X, complains about the Council’s decision to construct a highway build-out feature close to the driveway access to his home. He says it restricts his ability to exit when cars are waiting at the give way lines. He also believes it affects the value of his home which he is trying to sell.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response and Mr X has commented on the draft decision.
What I found
- Mr X says the Council built a highway build-out feature close to his driveway entrance without any warning in late 2018. He says it causes an obstruction to his access when cars are waiting at the give way lines on the road. He queried if the Council had permission to build the feature without undertaking planning consultation.
- The Council told him that the housing development planning approval included the feature for traffic calming. The Council inspected the feature and agreed that it was problematic. The Council told him it was considering removal of the give way lines or the feature itself.
- After further consultation the Council has decided to remove the build-out feature. I consider that this is a suitable conclusion to Mr X’s complaint and that there is no remaining injustice to warrant an investigation.
Final decision
- The Ombudsman should not investigate this complaint. This is because the Council has decided to remove the feature and there is no remaining injustice which would warrant an investigation.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman