Summary: We will not investigate this complaint regarding noise from a farm. This is because the Council investigated the noise and decided it is not a statutory nuisance.

The complaint

1. The complainant, who I will refer to as Mr Q, complains of noise coming from a local farm. The noise is keeping him awake at night and is also a nuisance to his neighbour.
2. Mr Q believes the planning decision to allow the farm to carry out work causing the noise was flawed.
3. Mr Q would like the Council to undertake a review of the planning approval and change its decision that the noise is not a statutory nuisance.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something. (Local Government Act 1974, sections 26B and 34D, as amended)
6. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:

• it is unlikely we would find fault; or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

7. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

8. I considered information provided by Mr Q which included the Council’s responses to his complaint. I have also considered our Assessment Code and information on the Council’s website.

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My assessment

9. Mr Q complains of a disturbing low frequency noise coming from a local farm which is irritating during the day and disturbs his sleep at night.
10. Mr Q believes there was fault in how the Council granted planning permission in 2017 for the farm to carry out a specific practice which causes the noise. We would not look at a complaint about this now as it is out of time.
11. Whether a noise is a statutory nuisance is a subjective judgement made by professional environmental health officers. It is clear the Council has thoroughly investigated the noise and decided it is not a statutory nuisance. Because of this, it can take no further action.
12. I consider the Council has provided a full response to Mr Q’s concerns and investigation would add nothing significant to what we know.
13. We do not provide a right of appeal against the Council’s decision. There is no evidence of fault by the Council so, while I understand Mr Q’s sense of frustration, we will not investigate.
14. Regardless of the Council’s decision, Mr Q can complain about the noise to a magistrates’ court under the Environment Protection Act 1990, Section 82. The court will then decide if there is a statutory nuisance and, if so, what the farm should do to abate it. We have no power to do this.

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Final decision

15. We will not investigate this complaint. This is because there is no evidence of fault in the decision taken by the Council. Mr Q can also complain to a magistrates’ court which is better placed to deal with the matter.

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Investigator's decision on behalf of the Ombudsman