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.’

Black hole spending review image

Black hole spending review

Jonathan Werran, chief executive of Localis, reflects on what the Spending Review means for local government.
SIGN UP
For your free daily news bulletin
Highways jobs

Community Transport Co-Ordinator - Braintree District Council

Essex County Council
£13.5700 - £14.9500 per hour
Community Transport Co-ordinator - Braintree District Council Temporary, Full Time£13.57 - £14.95 per HourBraintree, EssexClosing Date
Recuriter: Essex County Council

Procurement Manager

Essex County Council
£46388.0000 - £54573.0000 per annum
Procurement ManagerPermanent, Full Time£46,388 to £54,573 per annumLocation
Recuriter: Essex County Council

Youth Officer (CDC)

City Of Doncaster Council
Grade 7, £27,259 - £29,955 (Pay award pending)
The City of Doncaster Council is a confident, ambitious organisation Doncaster, South Yorkshire
Recuriter: City Of Doncaster Council

Social Worker - Assessment & Intervention Mid Essex

Essex County Council
£37185.0000 - £50081.0000 per annum
Social Worker - Assessment & Intervention Mid EssexPermanent, Full Time£37,185 to £50,081 per annum Location
Recuriter: Essex County Council

Director – Housing Services

Redbridge London Borough Council
£Competitive
Are you ready to lead transformative housing services in one of London’s most ambitious and diverse boroughs? Redbridge, London (Greater)
Recuriter: Redbridge London Borough Council
Linkedin Banner