Summary: Ms B complained that the Council authorised contractors working on HS2 to carry out works outside her home at weekends and at night-time causing excessive noise, disruption and loss of sleep. There are no grounds to criticise the Council’s decision to complete the works at weekends and during the night.

The complaint

1. Ms B complains that the Council:
• authorised contractors working on HS2 to carry out works outside her home at weekends as well as during the week for over two months affording residents no respite from the noise and disruption;
• authorised crossover works to take place early in the morning; and
• undertook carriageway resurfacing works outside her home for eight nights causing noise, disruption and loss of sleep.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I have considered all the information provided by Ms B, made enquiries of the Council and considered its comments and the documents it provided.
5. Ms B and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Key facts

6. Ms B lives in an area where works are being carried out for the construction of the HS2 high speed railway line. She says her family and other residents were subjected to noise and disruption throughout the summer because of the works, including at weekends. This was exacerbated by the lockdown which meant they had no respite from the noise and disruption. To make matters worse, the Council then authorised night-time resurfacing works to her road which took place for eight nights with noise until 3 am which meant Ms B was only able to sleep for about three hours a night.

Analysis

Legal and administrative background

7. The High-Speed Rail (London to West Midlands) Act 2017 provides the powers required for HS2 Ltd to build the railway. HS2 Ltd has a code of construction practice which sets out core working hours of 8 am to 6 pm on weekdays and 8 am to 1 pm on Saturdays. The code states contractors will adhere to these hours as far as is reasonably practicable or unless otherwise permitted by the relevant local authority.
8. Under section 61 of the Control of Pollution Act 1974 the Council has some control over the works, particularly in relation to agreeing additional working hours.

Weekend working

9. The Council decided works to install high-voltage cables should be carried out seven days per week between 4 June and 7 August 2020.
10. The Council says that, in reaching such a decision, it will consider the category of road, type of works and traffic management and how this will affect residents and motorists. It aims to ensure expeditious movement of traffic is maintained and that works on traffic sensitive roads are done as quickly as possible. It tries to carry out works when traffic flows are much quieter, such as weekends, to maintain free movement of traffic. The Council says it cannot allow road closures or multi-way temporary lights on traffic sensitive roads when no site activities are taking place as this is not beneficial and impacts on carbon dioxide emissions.
11. The Council has explained Ms B’s road is classified as traffic sensitive with continuous congestion throughout the day so any roadworks requiring the use of temporary traffic lights have a major impact on traffic flows.
12. The Council says the works in question required temporary traffic lights and road closures to accommodate safety for the workforce, pedestrians and motorists. It decided the works should be completed at weekends because this would reduce the duration of the work considerably and reduce carbon dioxide emissions.
13. We cannot question the Council’s decision unless there is evidence of administrative fault in the way it was made. The Council has explained the reasons for its decision and there are no grounds to question the merits of the decision.

Cross-over works

14. works to renew/adjust kerbs on residents’ vehicle crossovers were carried out by contractors acting on behalf of HS2 Ltd. The Council wrote to residents confirming the work was scheduled to take place between 8 am and 4 pm Monday to Friday. However, Ms B says the work took place early on a Sunday morning with heavy angle grinders being used.
15. I accept this was extremely frustrating for Ms B. But these works formed part of the ongoing work being completed by HS2 Ltd and, as explained above, there are no grounds to criticise the Council’s decision that the works should continue at weekends to reduce the duration of the work and the impact on the environment.

Night-time working

16. Ms B says the Council should not have carried out non-emergency resurfacing roadworks during the night. She says the works caused sleepless nights and this was particularly distressing given the amount of noise and disruption they had already been subjected to.
17. The Council says works undertaken during the day are normally totally different to night-time resurfacing of carriageways. Daytime works involve excavating the carriageway using heavy road breakers/machines to cut and excavate concrete and involve up to six hours of continuous loud noise. Resurfacing, which is carried out at night, requires no deep excavations and, although machinery is needed to plane off the surface of the road and resurface it with new tarmac, this is only to a depth of 100 mm which means less noise compared to the type of work carried out in the daytime. In addition, resurfacing works require a larger working area to remove the need for joints in the surface which can weaken it.
18. The Council says Ms B’s road is a main thoroughfare for vehicles accessing the A40 and M40 so completing the work during the daytime would have led to extremely long delays, increased duration of works and increased levels of pollution. Having considered all this together with the impact on the train station, local bus routes and local businesses, it decided night-time working was appropriate.
19. The Council has explained the factors it considered in deciding to complete the works at night. In the absence of administrative fault in the way the decision was reached, there are no grounds to question this decision even though Ms B does not agree with it.

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Final decision

20. I do not uphold Ms B’s complaint.
21. I have completed my investigation on the basis I am satisfied with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman