Overview
The complaint concerns a pumping station built by Scottish Water within the vicinity of the complainant (Mr C) and his neighbours' properties. Mr C said during the public consultation carried out prior to commencing the project, Scottish Water had provided assurances that following completion of the construction phase of the project, residents would experience no further disruption. He complained that residents had in fact suffered continuous disruption over a period of nine years. This had caused residents distress and inconvenience and had resulted in documented structural damage to some properties. Mr C said residents continued to experience noise and vibration from the pumping station and he complained that Scottish Water's actions had blighted the value of residents' properties, depriving them of a significant financial asset. He said his view was that the only permanent solution for residents was to relocate the pumping station.
Specific complaints and conclusions
The complaints which have been investigated are that Scottish Water:
- unreasonably allowed vibration to continue to damage Mr C's and Mr C's neighbours' properties, without taking appropriate action over the past nine years (upheld);
- unreasonably failed to provide a permanent solution to the problem with the pumping station over the past nine years; and (upheld);
- unreasonably failed to give an end date for giving up and moving the pumping station to an alternative location (not upheld).
Redress and recommendations
The Ombudsman recommends that Scottish Water:
- provide full annual structural surveys of all properties which form part of this complaint, for the next five years (if desired by residents), ensuring that the surveyor engaged has sufficient expertise to identify structural problems caused by vibration;
- implement in full any structural works identified by these surveys as resulting from the operation of the pumping station (if desired by the residents);
- engage the District Valuer to assess the impact of the physical and reputational damage caused by the pumping station on the value of properties that form part of this complaint (if desired by residents);
- where a reduction in value is identified, given the unique circumstances of the project, Scottish Water offer compensation to the full amount of any reduction in value (if desired by residents);
- offer to recompense the residents who have incurred fees whilst unsuccessfully attempting to sell their property between 2008 and 2014 (if desired by the residents);
- monitor the performance, noise and vibration levels produced by the pumping station for the next 12 months, producing a monthly assessment, which should be provided to residents if requested;
- the cumulative performance in terms of noise and vibration should be assessed after six and 12 months respectively; and
- should either of these assessments show either extended incidents (one week or more) of noise and vibration, or repeated short incidents (more than one incident lasting ten minutes per day), then Scottish Water must inform the appropriate Minister for consideration of other viable options.