The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s approval of metal guttering on a neighbouring development. There is insufficient evidence of fault by the Council.
The complaint
Mrs X complains the Council have approved a development opposite her property which has metal drainpipes which reflect light into her home causing glare.
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.(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X lives near a new housing development.
The downpipes in the development are made of metal and are not painted.
Mrs X says the gutters reflect light into her property causing glare which effects the enjoyment of her home. She says the example images of the development had black guttering which was misleading.
The Council say the planning application said the downpipes would be unpainted metal and this was considered and approved in the planning application.
The Council have also explained reflected sunlight cannot be a statutory nuisance.
I am satisfied the Council was aware of the type of downpipe being used when deciding to grant planning permission. I am also satisfied the reflective sunlight could not amount to a statutory nuisance because it is not artificial light. I have seen insufficient evidence of fault to justify investigation.
Final decision
We will not investigate Mrs X’s complaint. There is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman