The Ombudsman's final decision
Summary: We will not investigate this complaint about a breach of planning control and noise nuisance at a neighbour’s property. We consider further investigation will not lead to a different outcome.
The complaint
Mr X complains the Council refuses to act against his neighbours who are running a business from home. He says the business is causing noise and odour.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide: further investigation would not lead to a different outcome, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council confirms it has served a planning Enforcement Notice on the residents requiring them to stop running the business from the address. The Notice requires the neighbour to: stop all business activities remove all business stock, fixtures, and fittings remove certain outbuildings; and remove the resulting debris.
The Notice requires the neighbour to complete the work within six months. However, the neighbour has appealed to the Planning Inspectorate against the Notice.
The Council cannot take any action to enforce the terms of the Notice until the Planning Inspectorate decides the appeal. Therefore, further investigation on this point will not lead to a different outcome.
Mr X also complains about the noise coming from the neighbour’s property. The Council confirms it is continuing to investigate the noise reports. But it does not have enough evidence of a statutory noise nuisance at present.
The Ombudsman cannot establish whether there is a statutory noise nuisance, this is a matter for the Council. As the noise investigation is continuing, further investigation will not lead to a different outcome. When the investigation is concluded, Mr X can complain to the Council and, if he remains dissatisfied, he can approach the Ombudsman.
Final decision
We will not investigate Mr X’s complaint because further investigation of his concerns will not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman