A homeowner has been suffering from loud noise, smells and dust from a nearby business for more than six years after both Barrow and Cumbria councils failed to investigate his complaints properly, finds the Local Government Ombudsman.
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The man approached the LGO after his complaints about a neighbouring business operating a waste processing facility without planning permission remained unresolved.
The man, who has made objections about the site to Barrow Borough Council dating back to the 1960s, complained that the problems were exacerbated when the landowner began recycling waste in 2007.
He says workers at the site use angle grinders to cut metal, burn plastic, and lift cars, vans and washing machines with heavy machinery. Despite numerous complaints to the council, no action was taken against the landowner.
In June 2010 the man complained again to Barrow Borough Council about their failure to act, but it was only then that officers said they would refer his complaint to Cumbria County Council – which has responsibility for waste and minerals issues – and that a joint investigation would take place.
He contacted the LGO when things still did not improve.
The county council has since acted to stop waste processing activity on the site. However, the man claims that waste recycling and processing has now resumed on the land.
The LGO has recommended that Cumbria County Council continue to act on and investigate allegations of unlawful activity on the site.
Barrow Borough Council has been told to offer the man £4,500 for its failure to refer the matter to the county council for three years. Cumbria County Council has been asked to pay £3,000 for delay caused by its initial failure to carry out an adequate investigation.
Additionally, both councils have been recommended to pay £250 each to acknowledge the time and trouble in bringing his complaints to the ombudsman’s attention.
Dr Jane Martin, Local Government Ombudsman said:
“Residents should feel entitled to enjoy their homes in peace and quiet and it is local councils’ duty to make sure they enforce restrictions on those who would cause a problem.
“Barrow Borough Council’s delay in referring the matter to Cumbria County Council for three years caused the complainant significant extra stress from the ongoing work next to his home.
“Cumbria County Council compounded the problem by failing to carry out a proper investigation into the man’s complaints and I would urge officers to continue monitoring the site and investigate any allegations that are brought to its attention.”
The full Ombudsman Report is available here.
