Summary: We will not investigate this complaint about how the Council has dealt with reports of an unlicenced scrap yard causing a nuisance to nearby residents. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I will call Mr X, complains about how the Council have dealt with reports he and other residents have made that a nearby landowner is operating an unlicenced scrap yard, which has caused a nuisance..

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X and other residents have been complaining about noise and other nuisances coming from the site for some 11 years. The Council has previously taken enforcement action against the landowner, resulting in court action.
6. Mr X says the landowner is continuing to use the site as an unlicenced scrap yard. He says vehicles are dismantled on the site which causes a noise nuisance. He also says fires are started on the site which cause a smoke nuisance. Mr X says the Council’s approach against the landowner is ineffective and it should purchase the land under a Compulsory Purchase Order.
7. The Council acknowledge that reports have been received about the site and in recent months it has carried out several monitoring visits. The Environment Agency has also investigated the matter. The Council says neither it nor the Environment Agency have witnessed any evidence of vehicles being dismantled on the site. Therefore, the Council has concluded that no enforcement action can be taken in relation to claims that the land is being used as an unlicenced scrap yard.
8. The Council say it has witnessed the burning of materials on site. It has taken enforcement action in relation to this, and legal proceedings have commenced. In regard to noise and light pollution the Council says Mr X will need to complete diary sheets to demonstrate a nuisance has taken place before it can consider what action to take. The Council say there are no grounds for it to purchase the land under a Compulsory Purchase Order.
9. I will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council. It has investigated his concerns has monitored the site and continues to do so. It has taken enforcement action when it considers appropriate, and when it hasn’t acted it has fully explained why it made its decision. While Mr X may not agree with the decisions the Council has made or its approach to address the issue, that does not mean the Council has done anything wrong. It is not our role to act as a point of appeal. We cannot question a decision a council makes if it has followed the right steps and considered the relevant evidence and information.

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Final decision

10. We will not investigate Mr X’s complaint because it is unlikely we would find evidence of fault.

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Investigator's decision on behalf of the Ombudsman