Council rapped for failure to tackle noise at business owned by ex-councillor

A local authority that failed to tackle noise issues at a business owned by a former councillor – resulting in residents suffering night-time disturbances for six years – has been sharply criticised by the Local Government Ombudsman.

The residents complained to the LGO that Derbyshire Dales District Council had failed to act quickly enough to start abatement action against the business during 2011 and 2012.

The same group had previously made a similar complaint in late 2010, which found that Derbyshire Dales had not taken effective action over noise issues arising since 2007.

That earlier investigation was brought to an end after the authority agreed to resolve outstanding noise problems by the summer of 2011. The issue is caused by machinery that runs during the night.

Upholding the latest complaints, the LGO, Dr Jane Martin, found that Derbyshire Dales had failed to deliver on its pledge.

She also recommended that the council apologise and pay the complainants £1,820 for the inconvenience caused by the additional summers’ noise.

This amounts to £10 per night during the months of June, July and August in 2011 and 2012. The council had assessed that the noise amounts to a statutory nuisance only when the complainants opened their windows.

Derbyshire Dales served a noise abatement notice in August 2012, requiring the business owner to stop the noise nuisance.

Dr Martin said: “The council has failed in its duty to take sufficient action against a persistent problem, but through our action the complainants are able to see an end in sight to their distress.

“Our role is also to help councils improve their complaints handling by utilising our expertise, so I find it disappointing that the previous complaint was not fully resolved as pledged. However, we are hopeful that Derbyshire Dales has now taken on board the recommendations and will avoid similar issues in the future.”