Summary: We cannot lawfully investigate Mr X’s complaint about the Council serving a noise nuisance abatement notice against his business. Mr X has used his right of appeal to court.

The complaint

1. Mr X complains the Council served an abatement notice on his business to stop alleged noise nuisance. Mr X says the business has always kept to required noise levels and operating times. He says the terms of the abatement notice would force the closure of the business.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)

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How I considered this complaint

3. I have considered Mr X’s information and comments. I have clarified the position by telephone with Mr X and also with the Council.

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What I found

4. In late 2020, the Council served an abatement notice under the Environmental Protection Act 1990. The law provides a person served with a notice the right to appeal against it to the Magistrates Court. Mr X and the Council have confirmed an appeal is with the Court.

Analysis

5. I cannot investigate this complaint because it is outside the Ombudsman’s jurisdiction (see paragraph 2 above). Mr X has used his right of appeal to the Magistrates Court and we are therefore legally barred from investigating.

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Final decision

6. The Ombudsman cannot investigate Mr X’s complaint that the Council has served him with a noise nuisance abatement notice. Mr X has used his right of appeal to court.

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Investigator's decision on behalf of the Ombudsman