Wiltshire Council (25 023 490)
Category : Environment and regulation > Noise
Decision : Closed after initial enquiries
Decision date : 06 Jul 2026
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about an Experimental Traffic Order. This is because Mr X could take the matter to tribunal.
The complaint
- Mr X complained that the Council did not consider his complaints related to an experimental traffic regulation order.
- Mr X said it impacted his living conditions, work and caused distress.
- Mr X wants the Council to provide him with windows that will reduce traffic noise.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council applied an Experimental Traffic Regulation Order (ETRO) for the street where Mr X lives. Mr X complained to the Council the noise from the traffic was causing him distress.
- When applying an ETRO there is normally no requirement for an authority to advertise the proposed changes or consider objections from residents. The Council investigated Mr X’s concerns, invited him to make comments on the changes and explained his legal rights for seeking compensation under the Land Compensation Act 1973.
- The Environmental Protection Act 1990 excludes general traffic noise from being classed as statutory nuisance. Therefore, the Council did not need to investigate Mr X’s complaint as a noise nuisance matter.
- With the evidence presented I found no reason Mr X could not take his complaint to The Upper Tribunal (Lands Chamber) and seek compensation under the Land Compensation Act 1973. It would be reasonable to expect him to do so.
- We cannot investigate Mr X’s complaint because he could take the matter to tribunal.
Final decision
- We cannot investigate Mr X’s complaint because he could take the matter to tribunal and it is reasonable to expect him to do so.
Investigator's decision on behalf of the Ombudsman