Summary: Mr X complained about an incomplete noise survey conducted by the authority following his concerns about noise from a nearby recycling centre. I have stopped investigating this complaint and uphold Mr X’s complaint. The authority offered to conduct a new survey which has resolved the outstanding issue and no further action by the Ombudsman is needed.

The complaint

1. The complainant, whom I shall refer to as Mr X, is disturbed by noise from activities at a nearby recycling centre. In 2019, he complained to the authority which then conducted a noise survey. Mr X complains that the survey was undertaken during working, weekday hours when background noise from other sources is prevalent and the recycling entre is not at its busiest. Mr X says the noise survey did not use noise receptors in the areas from where the excessive noise was being reported. Mr X considers the survey was unrepresentative of the problem and missed the points raised in his complaint entirely.
2. Mr X wants the authority to accept that properties to the north of the site are subjected to excessive noise and so install noise mitigation to the north boundary of the recycling centre in line with the mitigation measures installed to the other site boundaries.
3. Mr X would like the authority to potentially limit the times within which certain activities such as container pickups and drops are allowed. Mr X would also like the authority to turn off left turn alarms on container vehicles as the alarms are not legally required.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. If we are satisfied with a council’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)

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How I considered this complaint

6. I reviewed the complaint and background information provided by Mr X. I discussed matters with Mr X by telephone. I sent a draft decision statement to Mr X and the Authority and considered the authority’s comments on it.

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What I found

7. The survey conducted by the authority in 2019 revealed areas where the authority could act to mediate excessive noise from activities at the recycling centre. It proposed the authority act to mitigate noise from glass being tipped into containers. It said further work was required to assess the noise impacts of container pick-up and delivery operations. It also suggested tonal warning signals on container change lorries should be changed to broadband ones.
8. Mr X complained to the authority because he considered there were flaws in the survey which meant the outcome did not reflect the noise problems at the centre. In particular, Mr X was concerned the survey was not conducted at the weekend when residents in his area experience noise acutely. In responding to Mr X’s complaint, the authority offered to conduct a new survey in the summer of 2020 and incorporating times during the weekend.
9. The timing of a new survey has been affected by the Covid-19 pandemic. However, the authority proposes to conduct a survey at a time when activity on the site is representative of normal usage and not subject to Covid-19 restrictions. It also agreed with Mr X’s suggestion that noise monitoring should take place in residential properties on the northern boundary of the site.
10. Mr X finds the authority’s offer of a new survey to be an acceptable remedy for his complaint provided the previous shortcomings such as the timing of a survey and the noise receptors used for the study are resolved.
11. No further investigation of this complaint is necessary at this stage. The authority will conduct the noise survey as soon as is practicable. Mr X can complain again to the authority and the Ombudsman if the matter is not resolved satisfactorily.

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Final decision

12. I uphold Mr X’s complaint. The authority acted to resolve the complaint and no further investigation by the Ombudsman is necessary.

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Investigator's decision on behalf of the Ombudsman