Pendle Borough Council (21 001 139)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 28 Jun 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about access arrangements for proposed development. We cannot achieve the outcome the complainant seeks because the Council approved the proposed access in 2018 and this cannot now be altered.
The complaint
- The complainant, who I refer to here as Mr B, has complained the Council is ignoring concerns of local residents about traffic caused by nearby development. He says the development should not go ahead until suitable access can be found.
The Ombudsman’s role and powers
- We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered what Mr B said in his complaint and background information provided by the Council. I have also seen information about the relevant planning applications on the Council’s website. Mr B commented on a draft before I made this decision.
What I found
- Mr B believes the access arrangements for a planned development near his home will increase traffic on the estate where he lives. He and other residents have raised concerns in response to a recent planning application.
- The Council considered and approved the access arrangements for the development in an outline application for which it granted planning permission in 2018. At that time, the Council considered a petition and other comments from local residents. The issues raised were addressed in a report considered by elected Members of the Council before they granted outline planning permission.
- The recent application is for detailed matters not considered in the outline application. It does not consider the access arrangements which were previously agreed. It is not now possible to alter the planning permission given in 2018.
Final decision
- I have decided we will not investigate this complaint because we cannot provide the outcome Mr B seeks.
Investigator's decision on behalf of the Ombudsman