Summary: We will not investigate this complaint about a telegraph pole installed near the complainant’s home. This is because we are unlikely to find fault by the Council.

The complaint

1. Ms X has complained about a telegraph pole installed near her home. Ms X says she was not consulted before the pole was installed and the necessary requirements were not complied with.

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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 Ms X and the Ombudsman’s Assessment Code.

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My assessment

5. Not all development needs planning permission from local planning authorities. Certain developments are deemed permitted, providing they fall within limits set within regulations. This type of development is known as ‘permitted development’.
6. In this case, the Council was contacted by an electronic communications operator as it intended to install a telegraph pole near Ms X’s home. The Council says the proposal was permitted development and it did not need to give further approval for the installation.
7. I understand Ms X disagrees and says she should have been consulted. But the Council has explained why the telegraph pole complies with the permitted development rights set out in the Town and Country Planning (General Permitted Development) (England) Order. It was entitled to use its professional judgement in this regard and there was no requirement for it to notify residents about the proposal.

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Final decision

8. We will not investigate Ms X’s complaint because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman