The Ombudsman's final decision
Summary: Ms D complains about planning permission for an advertising sign near her home. She says the Council also failed to assess if there is a statutory nuisance. The Ombudsman has completed the investigation and upheld the complaint because the Council accepts there was a failure to assess the statutory nuisance issue. It has offered to carry out a new assessment.
The complaint
The complainant (whom I refer to as Ms D) challenges the Council’s decision to grant planning permission for an electronic advertising billboard near her home. She also says the Council failed to assess if the sign is causing a statutory nuisance.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by 'maladministration' and 'service failure'. I have used the word 'fault' to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was We must consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended) If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I have considered the information provided by Mrs D and the Council.
I shared my draft decision with both parties.
What I found
What happened In 2020 the Council granted planning permission for an electronic advertising billboard near Ms D’s home. In August 2021 the billboard was installed. Ms D then contacted the Council complaining she had not been consulted and stating the sign was too bright and causing her a nuisance.
The Council closed her case in January 2022 stating that the sign was already at the lowest brightness setting and a site visit by Environmental Health would not be of any benefit.
What should have happened In respect of advertising screens there is no statutory requirement for the Council to carry out a formal consultation process with residents.
Once planning permission is granted there is no right of appeal for third parties to the Council.
If the Council receives a complaint about a possible statutory nuisance it should refer the case to Environmental Health to consider. Officers will assess whether, in their professional judgement, there is a statutory nuisance and whether enforcement action is merited.
Was there fault by the Council The main part of Ms D’s complaint is about the Council’s decision to grant planning permission. There is no fault in this matter and the Ombudsman cannot question the merits of the Council’s decisions. The Council had no statutory duty to consult Ms D about the application. In addition, its Planning Officer’s report refers to amenity being considered. Ms D says she lost an opportunity to appeal the decision. That is not correct. She had no recourse to appeal the decision to the Council.
There is fault in respect of the nuisance complaint. The Council accepts it should have referred the case to Environmental Health to assess. There has been delay because the Council could and should have assessed the nuisance issue in January 2022.
Was there an injustice The Ombudsman cannot hypothesise about the outcome for the statutory nuisance assessment. Any decisions about whether a nuisance exists and warrants enforcement action is for the Council. However, Ms D has had to wait longer than reasonable to have this issue considered by the Council.
Agreed action
The Council intends to now assess whether there is a statutory nuisance caused by the billboard. It should do this as a priority (within the next four weeks) and ensure it informs Ms D of its decision.
Final decision
I have upheld the complaint and completed the investigation.
Investigator's decision on behalf of the Ombudsman