The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to make a public path modification order. Miss X submitted an objection and the order has been referred to the Planning Inspectorate for a decision. The Planning Inspectorate is the proper authority to consider challenges to highway orders.
The complaint
Miss X complained about the Council deciding to make a definitive map modification order (DMMO) for a footpath near her property which she says would have no public benefit.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says the Council decided to make a public path modification order in September 2021 for a path close to her property. She says this was not necessary because there is no public benefit as the route lacks connections to other highways. The Council disagrees and the case was submitted to the Planning Inspectorate for a decision in March 2022.
The Council is the highway authority and it has powers to introduce public path orders if it believes it is expedient to do so. Where there are objections received the Order must be referred to the Planning Inspectorate which acts on behalf of the Secretary of State to decide such highway matters.
Miss X has submitted her objections and the Inspector will consider all the evidence. The Inspector’s decision will be binding on the Council and we have no jurisdiction to investigate matters which are subject to a Public Inquiry by the Secretary of State.
Final decision
We will not investigate this complaint about the Council’s decision to make a public path modification order. Miss X submitted an objection and the order has been referred to the Planning Inspectorate for a decision. The Planning Inspectorate is the proper authority to consider challenges to highway orders.
Investigator's decision on behalf of the Ombudsman