Summary: We will not investigate this complaint about the Council actions regarding Mr X’s installation of a heat pump. We have not seen enough evidence of fault in the Council’s actions.

The complaint

1. Mr X complains about the Council’s actions following his installation of a heat pump

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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))

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How I considered this complaint

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

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My assessment

5. Following reports of noise nuisance an Environmental Protection Officer (EPO) visited Mr X’s home. They confirmed they needed more information to establish whether the noise from Mr X’s heat pump was causing a statutory noise nuisance.
6. The EPO also notified the Planning Enforcement Team they were concerned that planning permission may be required for the heat pump.
7. In response to my enquiries, the Council has confirmed the properties in Mr X’s road have restricted development rights. This means that no external enlargement, improvement or other alteration to the houses can be carried out without the prior written consent of the local planning authority.
8. As his home has restricted development rights, permitted development does not apply to the installation of a heat pump and planning permission is therefore required.
9. The EPO also advised Mr X that he should submit a noise assessment of the heat pump with a planning application.
10. Mr X decided to remove his heat pump instead of applying for planning permission. As the heat pump was no longer in place the Council ended its noise nuisance and planning enforcement investigations.
11. Mr X could have put in a planning application. If this was refused he could have appealed to the Planning Inspector. If the appeal was dismissed the Council may have served an Enforcement Notice which also carries appeal rights. However, Mr X instead chose to remove the heat pump.

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Final decision

12. We will not investigate Mr X’s complaint because we have not seen enough information to justify an investigation. The Council investigated the report of noise nuisance and told Mr X to apply for planning permission for the heat pump. The Council did not require Mr X to remove the heat pump; this was a decision he made for himself.

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Investigator's decision on behalf of the Ombudsman