Decision Report 201702451

Summary

Mr C complained that, following major infrastructure works to install a water pipeline, the council failed to ensure that a specific area of park was returned to an acceptable condition.

We found that, when the council were served notice of the works by the water company, they were told that after the works were completed the land would be reinstated to the council's satisfaction. Mr C felt that the area of the park he was concerned about had been changed and not returned to an acceptable condition. In the council's view, the reinstatement was sympathetic to the area where the works took place, and the council regarded reinstatement of the site as satisfactory. As it was the council's land, it was for them to be satisfied.

Although we appreciated that Mr C disagreed with the council's view, that disagreement was not evidence of an administrative failing by the council. There was no definition of what was regarded as satisfactory or acceptable condition, therefore, the matter came down to the professional judgement of council officers on whether the reinstatement was satisfactory. In the absence of evidence of an administrative failing, we could not question the council's decision. We did not uphold Mr C's complaint.