Summary: We will not exercise discretion to investigate this complaint about the Council’s failure to consider the impact of traffic noise when it approved plans for a change of use for a building in 2018. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner because he has experienced the noise since he occupied the property in 2020.

The complaint

1. Mr X complained about the Council’s failure to consider the impact of traffic noise on the change of use from a public house to residential flats in 2018. He says he has been renting a flat since 2020 and that the noise insulation is inadequate for the noise and vibration of traffic. He also says the Council made a defamatory statement when it told him it could not take action for noise nuisance from traffic in 2022.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council. (Local Government Act 1974, sections 26B and 34D, as amended)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

4. I considered information provided by the complainant. I have also considered the plans for the development from the Council’s planning records.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X started a tenancy of a flat in November 2020. He says he quickly experienced noise and vibration nuisance from traffic passing the building. The building was a former public house which was approved for conversion into flats in 2018. Mr X complained to the Council and said that it should have required adequate noise insulation when the plans were considered. He wants the Council to carry out a noise risk assessment and compensate him for the personal injury he has suffered as a result of the noise.
7. We do not normally investigate complaints about matters which the complainant has been aware of more than 12 months before they brought the matter to our attention. Mr X has been aware of the noise since he moved in and did not complain until 2 years later.
8. Mr X complained to the Council in 2022 and received a response from the Council’s Environment Department which he considered to be defamatory. The Council denied this and informed him that the comments simply explained the fact that it could not take noise nuisance action over traffic noise which is exempted from investigation under the Environmental Protection Act 1990.
9. We cannot investigate complaints about legal torts such as defamation. Only the courts can determine such matters and Mr X would need to seek legal advice if he believes defamation has taken place.

Back to top

Final decision

10. We will not exercise discretion to investigate this complaint about the Council’s failure to consider the impact of traffic noise when it approved plans for a change of use for a building in 2018. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner because he has experienced the noise since he occupied the property in 2020.

Back to top

Investigator's decision on behalf of the Ombudsman