Dudley Metropolitan Borough Council (22 015 580)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 17 Apr 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a planning decision as there is no evidence of fault by the Council causing injustice.
The complaint
- Mr X complains that an illuminated street sign should not have been granted planning permission. He says that the light is distracting and upsetting.
The Ombudsman’s role and powers
- The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- any fault has not caused injustice to the person who complained, or
- any injustice is not significant enough to justify our involvement, or
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- A sign was erected opposite Mr X’s house without planning permission. As a result, the Council investigated and a retrospective planning application was submitted. A Planning Officer visited and concluded that, as the sign was in a commercial area and would be switched off at 7.30pm each night, the planning application was acceptable.
- The Planning Officer report also noted the hedging in front of the complainant’s house which would act as screening. The Council concluded that the loss of amenity to Mr X was not so great as to warrant refusal of the planning application.
- I am satisfied that the Council was fully aware of the impact of the signage upon residential amenity. Mr X’s dissatisfaction lies with the merits of the Council’s decision but, in the absence of fault, the Ombudsman cannot question the Council’s judgement.
Final decision
- We will not investigate Mr X’s complaint because there is no evidence of fault by the Council causing injustice.
Investigator's decision on behalf of the Ombudsman