Summary: We will not investigate this complaint about the installation of a communications column at a site close to Mr X’s property. This is because we cannot achieve the outcome Mr X seeks and the legality of the installation would be a matter for the courts to determine.

The complaint

1. Mr X complains the Council has unlawfully installed a mobile mast opposite his property. He says the mast is having a detrimental impact on him and the area. He wants it removed and to receive substantial compensation.

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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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant, including the Council’s response to the complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council about the siting of what he calls a mobile mast, and the Council calls a multi-purpose column, opposite his property which he says spoils his view and devalues his property. He said the Council had approved its installation under the wrong part of the Town and Country Planning Act 2015 and that an environmental law charity has supported his view that the installation is unlawful.
6. In responding to his complaint, the Council said the installation was not a mobile mast but a multi-purpose column which could be installed under permitted development rights and approved under Part 12 of the 2015 Act.
7. Mr X wants the installation removed but this is not an outcome an investigation by the Ombudsman could achieve. If Mr X believes the Council’s decision is illegal and he wants to challenge its position, then it is open to seek advice on pursuing a remedy through the courts.

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Final decision

8. We will not investigate Mr X’s complaint because we cannot achieve the outcome he seeks and the legality of the installation would be a matter for the courts to determine.

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Investigator's decision on behalf of the Ombudsman