Summary: X complained the Council failed to protect their amenity from the unlawful use of land near their home. This investigation focused on the involvement of two departments, environmental protection and licensing. We found no fault in the way the Council made its decisions.

The complaint

1. The person that complained to us will be referred to as X.
2. X complained the Council failed to protect their amenity from the impact of an unlawful use of land near X’s home.
3. X said the use involved large numbers of people on the land, and licensed events causing noise, disturbance, and heavy traffic until late in the night.

Back to top

The Ombudsman’s role and powers

4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

What I have and have not investigated

6. This complaint relates to the actions of the Council’s environmental protection and licensing functions.
7. X has made another complaint which was about the Council’s planning enforcement response, which I have investigated separately. However, I will refer to the role of the planning authority in so far as it is relevant to what has happened here.

Back to top

How I considered this complaint

8. I read the complaint and discussed it with X. I read the Council’s response to the complaint and considered its response to my enquiries.
9. I gave the Council and X an opportunity to comment on a draft of this decision.

Back to top

What I found

Environmental health law and functions

10. Councils have statutory power to enforce environmental protection measures in their areas. They can control nuisance caused by pollution, from things like noise, dust, smoke and odour by issuing abatement notices.
11. Environmental health officers may also provide advice to other departments, including advice on planning and licensing applications on what the impact a development or land use might have on the environment.

Temporary events licensing

12. Councils may permit temporary events that include ‘licensable’ activities, which include:
• selling or serving alcohol;
• providing entertainment; and
• serving hot food or drink.
13. To qualify for a license, the event must:
• have fewer than 500 people attending; and
• last less than 7 days for a single event, and limited to a total number of events in a single year.
14. Individuals who want to hold such an event need to apply to the Council for a license. The licensing department will consult the Council’s environmental protection service and the police about the proposed event. The Council cannot refuse a license unless these bodies object to it, and only for the following reasons. The event application should not be approved because it could:
• lead to crime and disorder;
• cause a public nuisance;
• threaten public safety; or
• put children at the risk of harm.

Planning law and guidance

15. Councils should approve planning applications that accord with policies in the local development plan, unless other material planning considerations indicate they should not.
16. Planning considerations include things like:
• access to the highway;
• protection of ecological and heritage assets; and
• the impact on neighbouring amenity.
17. Planning considerations do not include things like:
• views over another’s land;
• the impact of development on property value; and
• private rights and interests in land.
18. Councils may impose planning conditions to make development acceptable in planning terms. Conditions should be necessary, enforceable and reasonable in all other regards.
19. Planning enforcement is discretionary and formal action should happen only when it would be a proportionate response to the breach. When deciding whether to enforce, councils should consider the likely impact of harm to the public and whether they might grant approval if they were to receive an application for the development or use.

What happened

20. The owners of an agricultural building near X’s home began using it for temporary events, which involved alcohol and entertainment. X complained to the Council about the events which lasted late into the nights and caused disturbance by noise, traffic and anti-social behaviour.
21. The complaint was first made to the Council’s planning enforcement department, and its involvement is dealt with in another investigation. The planning authority found the use of the land to be unlawful. We found evidence of service failure because of unreasonable delay in beginning the planning enforcement investigation.
22. The evidence provided by the Council’s environmental protection and licensing departments in response to my enquiries, shows no evidence of fault or service failure in how these departments responded.
23. The environmental protection officers considered what had happened and assisted their colleagues in planning by providing advice on the noise impact caused by the use of the land for temporary events.
24. With the exception of one event, which was considered to be of a smaller scale and so have less impact than others that were proposed or had already taken place, the temporary events stopped while a planning application was considered and eventually refused.
25. The licensing department processed the temporary events application and did not receive objections from environmental protection or the police.

My findings

26. The Council has followed the processes we would expect in relation to its environmental protection and licensing functions, so I find no fault or service failure.

Back to top

Final decision

27. I found no fault in the way the Council made its decisions and so I have completed my investigation.

Back to top

Investigator's decision on behalf of the Ombudsman