The Ombudsman's final decision
Summary: We will not investigate Mrs B’s complaint about the Council’s decision to approve a new mobile phone mast on land near her home. This is because there is no evidence of fault by the Council affecting its decision and we cannot achieve the outcome Mrs B wants, which is to move the mast.
The complaint
The complainant, Mrs B, complains about the Council’s decision to approve a new mobile phone mast in a location she considers is not suitable. She wants the Council to move the mast.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mrs B and on the Council’s website. I have also considered our Assessment Code.
My assessment
We cannot question whether the Council’s decision to approve the new mobile phone mast is right or wrong simply because Mrs B disagrees with it. We must consider whether there was fault in the way the Council reached its decision.
Government regulations have made some telecom masts ‘permitted development’ providing the mast and equipment is below a specified size. This restricts a council’s ability to refuse an application. Developers however must ask the council if prior approval is required regarding the siting and appearance of the development.
The main considerations for councils are the visual impact of the proposal, highway safety and access to utilities.
The decision on the application shows the Council properly considered the relevant points and I have seen no evidence of fault affecting its decision. While it is clear Mrs B disagrees with the decision to approve the mobile phone mast, we cannot question the merits of that decision. Further, we cannot now say the Council must withdraw its approval and require that the mast is moved.
Final decision
We will not investigate this complaint. This is because there is no evidence of fault by the Council affecting its decision and we cannot achieve the outcome Mrs B wants.
Investigator's decision on behalf of the Ombudsman