Councils to pay out £8k over failure to take action over noise and smells

The Local Government Ombudsman has told two councils to pay a homeowner £8,000 over a failure properly to investigate his complaints about noise, smells and dust from a nearby business.

The complainant had made objections about the site since the 1960s. However, he claimed that the noise and other issues were exacerbated in 2007 when the site began being used to recycle waste.

Workers at the site used angle grinders to cut metal, burn plastic, and lift cars, vans and washing machines with heavy machinery, he said.

The homeowner had made numerous complaints to Barrow Borough Council, but no action was taken.

In June 2010 he again complained to the local authority about its failure to take action.

Officers then said that it would refer the complaint to Cumbria County Council, as the authority responsible for waste and minerals issues, and that a joint investigation would take place.

The homeowner contacted the Ombudsman when matters did not improve.

Cumbria has since taken action to stop waste processing activity on the land. However, the complainant said recycling and processing had resumed.

Following an investigation and after finding maladministration causing injustice, the LGO has recommended that Cumbria continue to act on and investigate allegations of unlawful activity on the site.

The Ombudsman, Dr Jane Martin, also said:

  • Barrow should pay the complainant £4,500 for the harm caused by its failiure to refer the matter to the waste planning authority, Cumbria, for three years;
  • Cumbria should pay £3,000 for the harm caused by its failure to carry out an adequate investigation once it did become aware of the matter;
  • Both councils should pay the man £250 each to acknowledge the time and trouble in bringing his complaints to the LGO’s attention.

Dr Martin said: “Residents should feel entitled to enjoy their homes in peace and quiet and it is local councils’ duty to make sure they enforce restrictions on those who would cause a problem.

“Barrow Borough Council’s delay in referring the matter to Cumbria County Council for three years caused the complainant significant extra stress from the ongoing work next to his home. Cumbria County Council compounded the problem by failing to carry out a proper investigation into the man’s complaints and I would urge officers to continue monitoring the site and investigate any allegations that are brought to its attention.”