investigate this complaint about highway layouts approved by the Council for adoption. This was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
The complaint
Mr X complained about the Council’s use of an inappropriate design guide for a road junction and visibility splays when it gave highways advice on a planning approval for a housing development in 2014. He is concerned that the junction visibility may be unsatisfactory and that there is no clarity about who will be responsible for maintaining vegetation alongside the splays where they meet private boundaries.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council may have used the wrong design guide when it provided highway approval as a statutory undertaker for a planning application in 2014. He says that this may have resulted in the visibility splays for a junction being given less maintenance of vegetation which would affect traffic safety. He is also concerned about who would be responsible for maintaining hedges on the boundary of the visibility splays.
Mr X says he first raised the matter with the Council in 2017 and made a formal complaint in September 2018.
We will not exercise discretion to consider this matter now. He has expressed dissatisfaction with the Council’s responses over a number of years and I have seen no evidence to suggest that he could not have complained to us sooner.
Final decision
We will not exercise discretion to investigate this complaint about highway layouts approved by the Council for adoption. This was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman