Summary: We will not investigate this complaint about the Council’s actions to address noise and dust affecting Mr X. This is because there is not enough evidence of fault.

The complaint

1. Mr X complains the Council did not act to prevent noise and dust from a construction site affecting him and his property.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council must take reasonable steps to investigate complaints of statutory nuisance. However, it is up to the Council to decide, based on the information gathered, as to whether a statutory nuisance exists.
7. The Council investigated and found the levels of noise and dust did not amount to a statutory nuisance, therefore it took no further action. This is a judgement the Council is entitled to reach. There is not enough evidence of fault to justify an investigation.
8. The Council must also investigate any reported breach of planning control.
9. The Council investigated whether the developer complied with a construction management plan in respect of dust and noise, as required under the planning approval. The Council found no breach regarding noise but found a breach regarding dust.
10. It is up to the Council to decide what action, if any, to take upon finding a breach of planning control. In this case the Council ensured the developer continued dust mitigation measures. There is not enough evidence of fault to justify an investigation.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman