Council reviews vehicle crossover policy and appeals regime after LGO report

An Ombudsman has told a council’s highways department to reconsider a decision – based on grounds already overturned by a planning inspector – to refuse a resident permission to build a vehicle crossover to his property.

Mr X, the complainant, had planning permission for the crossover to his driveway granted on appeal by the inspector.

But the London Borough of Brent, in its role as highways authority, refused the application to construct the crossover.

The council then refused Mr X’s appeal against the highways decision, basing its reasons on the same facts that had been considered and rejected by the inspector.

Brent’s policy on crossovers only allows for an appeal on the grounds that the application had not been processed in accordance with the policy.

In his appeal decision, the appeal officer did not mention whether he had considered the reasons the inspector gave for granting planning permission.

Recording a finding of maladministration causing injustice, the Local Government Ombudsman found that Brent had fettered its discretion and failed to communicate its decision properly.

The council’s policy allowed no decision other than refusal over a request for a crossover across a grass verge wider than three metres. There was no provision to exercise discretion or consider an appeal on grounds of exceptional circumstances of the case.

In response to the LGO’s report, Brent has agreed to review its domestic vehicle footway crossover policy to provide a right of appeal on the grounds of the exceptional circumstances and facts of a case; and not just on procedural irregularity.

The Ombudsman said the council should set aside its decision on Mr X’s application for a council and make a fresh decision “considering all the facts and arguments (including the Planning Inspector’s decision)”.

Brent should also give full reasons for how any why it reaches the decision it does, the LGO added.

The Ombudsman recommended that the council pay £300 in recognition of the injustice caused.