Summary
We will not investigate Mr X’s complaint about The Council’s response to traffic noise and environmental concerns in Exmoor National Park. This is because there is not enough evidence of fault.
The complaint
Mr X complains the Council has failed to prevent noise from traffic around Dulverton and address his environmental concerns about Exmoor National Park. He says it has caused him a lack of sleep and health issues.
Mr X wants there to be a study about his environmental concerns about Exmoor National Park. He wants the study to focus on land use changes, noise impact on local wildlife and pollution effects on the ecosystem.
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 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, we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) We will not normally investigate a complaint where the complainant is using their enquiry as a way of raising a wider community campaign about something of general concern but where they have not suffered injustice.
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Under the Environmental Protection Act 1990 (EPA), councils have a duty to take reasonable steps to investigate potential ‘statutory nuisances’. However, the EPA excludes noise from general traffic from being classed as a statutory nuisance.
The Council told Mr X it cannot investigate noise from general traffic under the EPA. I have seen no evidence of fault in how the Council made its decision.
I have considered Mr X’s environmental concerns. The study that Mr X wants is not an outcome that we can achieve.
Mr X has also directed this complaint to Exmoor National Park Authority, Dulverton Town Council, Natural England and the Planning Inspectorate. I consider this is evidence Mr X is raising a wider campaign of general concern. We will not normally investigate this type of complaint.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s response.
Investigator's decision on behalf of the Ombudsman