Mrs A complained that Neath Port Talbot Council (‘the Council’) failed to determine an application for a mobile phone mast outside her home within the required period, resulting in the developer obtaining permission by default. She complained that the mast was visually intrusive and would affect the value of her home.
The Council accepted that it has failed to determine the application and that, had it done so properly, it would have refused permission, although that decision might have been reversed upon appeal. The Ombudsman concluded that it was not possible to say definitively that the mast would not have gained permission and so could not recommend redress in respect of diminution of property value. However, the Ombudsman did conclude that the uncertainty with which Mrs A had been left, constituted an injustice to her.
The Ombudsman sought and secured the Council’s agreement to pay Mrs A £500, within 4 weeks, in recognition of the uncertainty with which she has been left as to whether the mast might have been refused permission and so might not have been sited outside her home. The Ombudsman considered this to represent an appropriate outcome and did not investigate the complaint further.