Tuesday, August 26, 2008

Moving Goal Posts!

Well here we go again, 11 years (and 2 complaints to the Local Government Ombudsman later) and a county council is still threatening to complete the new road in a way that will have a serious impact on our property. However, there is now a significant and disturbing new twist. The council has now substituted 'new' plans for the ones my earlier complaint and subsequent investigation were based on. These new plans show a much greater interference with my property rights than those on which the Ombudsman based her recent final report.

So much so that the Ombudsman report into my 2001 complaint is now wholly irrelevant because it was clearly based on a false premise (a different plan). We are no longer talking about a metre or so encroachment onto our property or a step of just a few inches". We are now talking about an encroachment of some 5 metres in places or a step of up to 2 feet.

As an example, the Ombudsman spent months trying to prove that my vehicles could get in, and out, of a 1 in 10 gradient and that a land level difference of a few inches would be difficult to prove one way or the other. I Wonder what the Ombudsman would have concluded if they knew about a 2 foot step or a 5 metre encroachment? No wonder the Council were keen to have the Ombudsman's final report based on a plan showing much less of an impact on our property.

Even more disturbing is that the County Council are now using the fact that the Ombudsman didn't find them guilty of maladministration, for trying to implement the original plan, to now argue that this gives them the right to implement a totally different plan, one which has an even greater impact on my property.

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