A homeowner suffered years of distress because Brentwood council failed to properly investigate nuisances caused by a next-door restaurant, the local government ombudsman has found.
From 2018, the homeowner complained to Brentwood Borough Council about nuisances including noise, smells, drainage of chemicals into her garden and excess waste.
The Local Government and Social Care Ombudsman (LGSCO), who upheld the woman’s complaint, heard she could not enjoy her home and her health was adversely affected.
She repeatedly told the council that the restaurant was in breach of its business licence conditions and had failed to comply with a planning condition set in 2017.
After escalating her complaint, she brought her concerns to the LGSCO.
The ombudsman found the council did not properly: consider its power to take planning enforcement action; consider the various nuisances the woman reported; communicate with her, or have due regard for human right to peaceful enjoyment of her home and land.
Ombudsman Paul Najsarek said: ‘Councils have a range of ways they can compel businesses to comply with planning and environmental health directions, and should fully explore the powers available to tackle breaches where they cause a nuisance to local people.
‘I am pleased the council has accepted the wide-ranging recommendations I have made to improve its processes and procedures. I hope that this will improve the situation for this woman, and others in the area who may have similar issues in future.’
Brentwood said it accepted the findings, apologised to the resident and agreed to pay her £3,450 for the distress and uncertainty caused by its failures.
A spokesperson said: ‘The council will undertake the ombudsman’s recommended actions, which includes an action plan to investigate all outstanding issues reported by the resident.
‘We will also use the recommendations set out to improve the way we deliver our services.’
