Summary: X had already complained to the Ombudsman about this matter, and we reached an agreement with the Council on how it should remedy the injustice caused by the fault we had found. X has come back to us, because the injustice caused by the fault is continuing. We found evidence of continuing injustice and have recommended a remedy, which the Council accepted, so we have completed our investigation.

The complaint

1. The person that complained to us will be referred to as X.
2. X complained the Council mistakenly approved an application to allow the conversion of an agricultural building to a noisy industrial use very close to X’s home.
3. Following an earlier complaint and a decision by the Ombudsman, the Council agreed to our remedy to resolve the complaint. There have been delays in bringing the problem to a conclusion, and so X has come back to the Ombudsman, because they are still impacted by noise from the site.

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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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. If we are satisfied with an organisation’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 read the complaint and discussed it with X. I read the Council’s response to the complaint and considered its offer to resolve it.
7. I gave the Council and X an opportunity to comment on a draft of this decision and took account of the comments I received.

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What I found

What happened

8. Following an earlier complaint and a decision by the Ombudsman, the Council agreed to our remedy to resolve the complaint. Our decision for this complaint is available to read on our website, here. The sum it paid was £8,250, which was based on £250 per month for a period of 33 months.
9. The Council agreed a planning application to demolish the industrial unit and replace it with a purpose-built unit on the other side of the site. However, there have been problems outside the developers control that have caused delays, and X is still impacted by noise from the site.
10. The Council had expected the noise from the site to cease by November 2024, but as the industrial use has continued, it has offered to pay further compensation based on the formula it agreed to resolve X’s earlier complaint.
11. I spoke with X, who is happy to accept this offer, but X is concerned the noise will continue beyond May 2025, as work on the replacement industrial unit is still not complete. Because of this, X would like the Council to agree to compensate them at the same rate until noise from the industrial unit next to their home ceases.

My findings

12. But for the fault we found during our first investigation, the Council would have refused permission to allow an industrial unit next to X’s home.
13. The noise caused by that use is a significant injustice, for which the Council has accepted responsibility.
14. The Council has offered to compensate X for the period between November 2024 and May 2025, on the same terms it agreed to resolve the earlier complaint. It also offered an additional £300 to acknowledge continued frustration and disappointment the delay has caused. This amounts to £2,050.
15. I agree it would be appropriate for the Council to pay this sum. In addition to this payment, the Council should also pay £250 per month until the industrial use in the building next to X’s home and the noise nuisance it causes ceases.
16. I suggested this remedy in an earlier draft of this decision, and the Council agreed to it.
17. We do not usually accept open ended remedy solutions, such as this. However, I accept the Council cannot know when the replacement industrial unit will be ready for use, so an open-ended payment structure is appropriate in this case. If the existing industrial unit is not demolished and replaced as the Council expects, and if the impact from noise continues, X can come back to the Ombudsman. If this happens, we might investigate alternative powers the Council has to resolve this matter and consider how any continuing injustice should be remedied. We normally expect complainants to attempt to resolve issues with councils before bringing their complaints to us.

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Agreed Action

18. To remedy the continued injustice caused by the fault we found in our earlier decision relating to this complaint, the Council has agreed to:
• pay £2,050 in recognition for the impact on X’s amenity from November 2024 to May 2025; and
• pay a further £250 per month for each month the noise and industrial use of the building next to X’s home continues.
19. The Council will provide us with evidence it has implemented the agreed actions within one month from the date of our final decision on this complaint.

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Decision

20. I find fault causing continuing injustice to X. I have completed my investigation because the Council accepted my recommendations.

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Investigator's decision on behalf of the Ombudsman