Welwyn Garden City: Council fined after Ombudsman's report finds fault

A tenant of Metropolitan Thames Valley Housing (MTVH) property in Bessemer Road filed a complaint to the Local Government and Social Care Ombudsman, stating that the council had incorrectly discharged a planning condition attached to consent for the development in which she owns a flat.

Mrs T claimed that the council failed to take proper and effective enforcement action against Grace Foods which "caused a noise nuisance".

A spokesperson for Welwyn Hatfield Borough Council said: "The council accepts the findings of the Local Government and Social Care Ombudsman investigation and has committed to the agreed actions as determined by the investigator." 

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Previously, the council had been under fire after multiple tenants from the property had reported hearing loud mechanical whirring from the Grace Foods Factory across the road.

The resident said that noise recording equipment was brought to one tenant's flat, so a report could be made. However, it was determined that nothing could be done, as Grace Foods pre-exists the flats. 

At the time of the complaints, an MTVH spokesperson said: “This is a regrettable situation. We understand how frustrating it is for the residents concerned and are working on a noise reduction solution in the affected homes, at no cost to residents.

"We have been testing this in one home, and if successful will be proposing it for the other properties. We will continue to work closely with the council to ensure that the situation is resolved.” 

According to the ombudsman's report, the tenant said the issue only arises when she opens her window and that her neighbours also have a similar problem. 

These sounds "resulted in her enjoyment of the amenities of her home to be restricted" as she "suffered from noise nuisance when she opened her windows and excessive heat, through lack of ventilation, when they are closed".

The report added that there was no fault by the council when it received a report from Miss T’s in February 2021, and the actions it took the following month.

The evidence shows the council visited the site, and asked the factory to put up road signs outside discouraging idling engines. Although the council says it carried out monitoring, it provided no evidence of it.

Council officers also carried out noise monitoring in some residents’ properties which confirmed a noise problem in April, and held a case officer review the following month.

It was found that the council failed to provide evidence of the review or explain the outcome, which the ombudsman also found to be a fault.

The ombudsman's report also found fault because there were periods when it was unclear what was happening with the council's investigation.

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The ombudsman's analysis added: "There was also a failure to keep Miss T updated about what it was doing.

"While the council argued this was not an entirely accurate conclusion, saying although updates to her were not always regular, it had kept her informed over a 10-week period, it failed to send evidence in support of what it said.

"I consider the fault caused her injustice in the form of distress. She had the frustration and uncertainty about what was happening as well as having to spend time chasing the council about updates."

The council has been asked to send Miss T a written apology for its failing to keep her updated; failing to show what was happening during the identified periods; and failing to clarify its legal position about the discharge of the condition until May 2022.

The council spokesperson added: "We are continuing to work with the owner of the building, MTVH (Metropolitan Thames Valley Housing), to support them to address the noise issues."