Summary: We have discontinued our investigation. The Council has acknowledged the impact of the unauthorised use of the site, offered a financial remedy and apology to Ms X, and confirmed its plans to relocate the operation within a reasonable timescale. We consider this represents a suitable remedy for the injustice caused, and further investigation is unlikely to lead to a significantly different outcome.

The complaint

1. Ms X complains that the Council continued to operate a storage site in a car park behind her property without valid planning permission. She says the original planning approval expired several years ago but the site has remained in use and expanded in scale. Ms X says the site includes uncovered waste material and is used by large vehicles and diggers, which causes excessive noise, dust, and fumes close to her home. Ms X wants the Council to relocate the site.

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The Ombudsman’s role and powers

2. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

3. I considered evidence provided by Ms X and the Council as well as relevant law and guidance.
4. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

5. The following is intended only to provide a brief overview of this complaint.
6. Ms X complains that the Council has allowed its Highways Service to continue using a car park near her home as a storage and operational site for several years without valid planning permission. She says the site generates excessive noise, dust, and fumes from large vehicles and diggers, and that it is hazardous and unsightly. She is concerned the Council has entered into lease arrangements without proper planning controls in place and says the use is having a serious impact on her enjoyment of her home.
7. In response to her complaint, the Council acknowledged that the use of the site continued after the original planning permission expired. It said the service was actively seeking to relocate to an alternative site and that it had emphasised the need to submit a new planning application.
8. The Council recently confirmed to the Ombudsman that it now intends to relocate the operation, and has offered to apologise to Ms X and make a payment of £500 to recognise the impact on her.
9. Ms X expressed concern that the Council had previously said it would relocate the site but those plans had not progressed. Ms X was therefore sceptical that the most recent proposals would result in meaningful change.

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Decision to discontinue

10. The Council has accepted that the current use of the site does not have valid planning permission, and says it is now taking steps to resolve the situation. It has proposed a financial remedy and apology for the distress caused, and has indicated the site will be relocated.
11. The Council has confirmed that:
• It intends to relocate the operation to a site it owns in Weymouth. The land is currently vacant and held freehold by the Council.
• It has received formal pre-application planning advice and commissioned the necessary surveys and reports to support a full application. It expects to submit the planning application by late December 2025 or January 2026.
• It will cease operations at the current site once planning permission is granted and the new site becomes available.
• In the meantime, activities continue at the current location. The Council has briefed staff to minimise noise and act considerately towards nearby residents.
12. I acknowledge Ms X’s concern that the Council has previously indicated it would relocate the site, but those plans did not come to fruition. However, the current proposals are supported by specific actions and a defined site. The Council has confirmed ownership of the new land, obtained pre-application planning advice, and is commissioning the necessary reports to support a full application. These steps, in my view, demonstrate a more tangible and structured commitment to relocation than in the past. While there remains some uncertainty until planning permission is secured, I consider the Council’s approach is proportionate and represents a reasonable basis for resolving the matter.
13. I am satisfied the Council’s response appropriately addresses the concerns raised. It has outlined its intended steps to relocate the site and explained how it will manage the ongoing use in the meantime. The Council has also offered a financial remedy and apology to Ms X. The £500 payment is at the upper end of our scale for distress, and in my view reflects the prolonged nature of the disruption and the impact on Ms X’s enjoyment of her home. I consider this represents a reasonable resolution, and further investigation is unlikely to achieve a different outcome.

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Decision

14. We have discontinued our investigation. The Council has acknowledged the impact of the unauthorised use of the site, offered a financial remedy and apology to Ms X, and confirmed its plans to relocate the operation within a reasonable timescale. We consider this represents a suitable remedy for the injustice caused, and further investigation is unlikely to lead to a significantly different outcome.

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Investigator's decision on behalf of the Ombudsman