Ellie Ames 21 September 2023

Council failed for years over restaurant complaints

Council failed for years over restaurant complaints image
Image: brentwood.gov.uk

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.’

SIGN UP
For your free daily news bulletin
Highways jobs

Highways Adoption Engineer

Durham County Council
Grade 8 ( £32,597 - £36,363) Grade 9 (£35,412 - £39,152) Grade 10 (£38,220 - £41,771)
We are seeking to recruit a Highways Adoption Engineer (Career Graded). Your primary role will be to ensure that all new roads built within the County Durham
Recuriter: Durham County Council

Highways Assets Technical Officer

Durham County Council
£35,412 - £39,152
We are seeking to recruit a Highway Assets Technical Officer whose primary responsibility will be to ensure that Highways Asset Management is delivere Durham
Recuriter: Durham County Council

Contracts Administrator

Durham County Council
Grade 5 £26,403 - £28,598
A vacancy has arisen within Business Services for a full-time Contracts Assistant. This is initially temporary for 18 months. This is an exciting opp Durham
Recuriter: Durham County Council

Homelessness Prevention and Solutions Officer

London Borough of Richmond upon Thames and London Borough of Wandsworth
£38,976 to £47,229 per annum
We are looking for a capable and ambitious individual keen to help families and individuals facing homelessness to help support them in their homelessness journey and adhere to legislative guidance as well as policy and procedures. Who are we looking fo Twickenham
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Waste Management Officer - North Herts Council

Essex County Council
Up to £13.5000 per hour
Waste Management Officer - North Herts CouncilGrade 4 - £13.50 PAYE37 per week2-3 Months ContractImmediate StartLocation
Recuriter: Essex County Council
Linkedin Banner