Summary: We will not investigate Mr X’s complaint about the Council’s refusal to move a streetlight which is blocking a parking place at the back of his property. Even if there was Council fault in granting planning permission for the property in 2003, it was Mr X’s later decision to buy the property with a blocked parking space which has caused his injustice.

The complaint

1. Mr X complains the Council has unfairly refused to move a streetlight so it no longer blocks a parking space at the back of his property.
2. Mr X says the lack of accessible parking is causing stress to him and his partner and causing tensions with neighbours. He wants the Council to move the streetlight to a more suitable location or remove it altogether.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. As part of my assessment I have:
• considered the complaint and the documents provided by Mr X;
• issued a draft decision, inviting Mr X to reply, and considered his response.

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What I found

5. The evidence I have seen indicates the streetlight has been in the same location for over 50 years. Mr X’s property and parking spaces were built in 2003. So it appears the light was there before the house and parking spaces. Mr X disputes this. He says he has had no evidence from the Council to show how long the light has been there, and the previous owner of the property has told Mr X that he does not remember a lamppost in place when he, that previous owner, purchased the property. The Council has provided a copy of an email it sent to Mr X in April 2021 during its complaint process. The email included the Council’s evidence on when the streetlight was first installed and then upgraded.
6. But in any event, the precise date of the streetlight’s installation does not matter. The key issue is that it was in its current location when Mr X bought the property from the previous owner, and that is not disputed.
7. It may have been fault by the Council in or around 2003 if it granted permission for a parking area which was not fully usable due to the streetlight. But even if there was that fault, we will not investigate. This is because the situation with the streetlight and parking area existed before Mr X chose the property.
8. I can understand Mr X’s frustration, but he should have satisfied himself that the property met all his needs before he decided to move in. This would have included making sure all the property’s designated parking was usable. By moving in, Mr X chose to involve himself in the existing parking problem, creating his own injustice. It is Mr X’s actions which have caused him to have the problems with the streetlight and parking place. In these circumstances, we will not investigate.
9. I note Mr X says the parking was not an issue at first because his family only needed one car. He says the family now needs two cars, and this is why the issue has come to light and is now a problem. But it is not fault by the Council that Mr X chose to buy a property which would not then keep up with his future increased parking needs.
10. Mr X may wish to apply to the Council to have the streetlight relocated at his expense. If Mr X made this request, it would be for Council officers to determine whether the light should be moved, if so where the light should move to, what the cost of moving it would be, and what sum would be chargeable to Mr X for any work done.

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Final decision

11. We will not investigate this complaint. This is because even if there was fault by the Council in granting the planning permission in 2003, it was Mr X’s later decision to buy the property with a blocked parking space which has led to his injustice.

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Investigator's decision on behalf of the Ombudsman