Summary: We will not investigate this complaint about highway noise and vibrations because there is not enough evidence of fault to justify investigating..

The complaint

1. Mr Y complained the Council installed a speed table on a road to the rear of his property which has led to vibrations and noise from heavy vehicles along the road, causing damage to his property and disruption.
2. Mr Y says he is concerned about cracks appearing in his home and his family are disrupted by the noise, particularly in the early morning and late at night.

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The Ombudsman’s role and powers

3. 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

4. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. In 2023 the Council installed a speed table on the road behind Mr Y’s property. He says that since this, cracks have appeared in his property which he believes are caused by vibrations from vehicles driving over the speed table. He is also unhappy about the noise caused from heavy vehicles driving over it.
6. The Council investigated and found that the speed table was constructed to the required standards. It also considered whether there were any other traffic calming measures which could be used to slow traffic and reduce any noise as a result. It found that as there were already several measures in place, additional measures were not needed. It also advised Mr Y to contact his home insurer about the cracks in his property. It therefore denied fault.
7. Under the Environmental Protection Act 1990, Council do not owe a duty to investigate noise or vibration from traffic. Its duty, as a highways authority, is to reasonably maintain the highways so it is free of danger to all uses who use the highway in the way normally expected of them.
8. Consequently, the Council is not required to stop Mr Y’s property from vibrating or prevent noise due to traffic. It is only required to maintain the highway, which in this case it has considered and found works are not required and a suitable standard of maintenance has been met. Therefore, there is not enough evidence of fault to justify investigating so we will not investigate.

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Final decision

9. We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman