The Ombudsman's final decision
Summary: We will not investigate this complaint about light from an advertisement display on a building. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, says light from an advertisement on a building increased in intensity and duration in December 2021. He wants the Council to make the company reduce the intensity of the light.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the complaint correspondence. I considered our Assessment Code and comments Mr X made in reply to a draft of this decision.
My assessment
Mr X complained to the Council about light from an advertisement on a commercial building. He said that in late 2021 the hours of operation changed and the light became more intense.
The Council told Mr X the display had deemed planning consent because it has been on the building since about 2008. It said the lights had been upgraded for energy efficiency and angled to shine downwards. The Council explained this did not represent a change which required planning consent. The Council invited Mr X to contact Environmental Health so officers could assess if the light was causing a statutory nuisance. Mr X contacted Environmental Health but officers could not help because the light does not shine into a bedroom and affect sleep.
The Council told me that, although officers cannot take formal enforcement action, they have been in contact with the owner of the building to try to negotiate an informal reduction in the light level.
In response to a draft of this decision Mr X said the lights have been turned off although he is concerned they may be switched on again.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. It has responded to Mr X’s concerns and explained why it cannot take enforcement action from a planning perspective. However, it has taken an informal approach with the owner of the building. This may be why the lights have been turned off.
The Council signposted Mr X to Environmental Health and explained that the service might be able to take action if the light is causing a statutory nuisance. The service has decided it cannot act because the light does not affect a bedroom. This was a decision it was entitled to make in its assessment of whether there is a statutory nuisance.
Final decision
I will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman