The Ombudsman's final decision
Summary: Mrs X complains the Council have not sufficiently investigated her concerns regarding nuisance from a business allowed to operate without planning permission. We have discontinued our investigation because the Council has an open investigation where it is considering the existence of a statutory nuisance, and it would be appropriate to allow the Council to conclude this first. If Mrs X is not happy after the conclusion of the Council’s investigation, she can make a new complaint to the Ombudsman.
The complaint
Mrs X complains the Council have not sufficiently investigated her concerns regarding nuisance from a business allowed to operate without planning permission. Mrs X says her property and a separate premises she owns where animals are present, has been impacted by noise and pollution, and an access is regularly used unsuitably by large commercial vehicles. Mrs X would like the Council to take sufficient action to prevent such matters from continuing.
The Ombudsman’s role and powers
It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by Mrs X and the Council. Mrs X and the Council were invited to comment on my draft decision and I considered any comments that were submitted before making a final decision.
What I found
In September 2023, Mrs X complained to the Council about nuisance from a business premises nearby that had been operating without planning permission for over two years. Mrs X complained that both her property, and a separate premises she owns where animals are present are both impacted by the site.
In October 2023, the Council said that its Environmental Health team had visited the site and not found evidence of excessive noise or dust.
Later in October 2023, Mrs X escalated her complaint to Stage 2 of the Councils complaints process.
Toward the end of October 2023, the Council responses to Mrs X, upholding that it had not identified a nuisance with which it could act on. The Council also said that it had not investigated Mrs X complaint regarding the impact of noise affecting the animals.
Our enquiries Our service made enquiries with the Council, where we asked it for an update on its investigation. The Council said it had determined that the use of the land where animals are present should be considered under nuisance. The Council said its Environmental Health Team are currently investigating to determine if there are any activities that could constitute a statutory nuisance.
Decision to discontinue the investigation The Council’s investigation is active and ongoing. Until the investigation is complete, we cannot meaningfully quantify any injustice caused by the alleged fault. Our involvement at this stage could act to delay the conclusion of any ongoing investigation, and to properly consider the actions taken by the Council, it must first reach a conclusion.
If Mrs X remains dissatisfied once the Council has completed its investigation, she can return to us within 12 months of receiving the outcome and ask us to consider her complaint again.
Final decision
I have discontinued my investigation because the Council has an open investigation where it is considering the existence of a statutory nuisance, and it would be appropriate to allow the Council to conclude this first. If Mrs X is not happy after the conclusion of the Council’s investigation, she can make a new complaint to the Ombudsman.
Investigator’s final decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman