LGO raps council for delays in dealing with nuisance from foundry

The Local Government Ombudsman has criticised a local authority for delays in dealing with noise and smell nuisance from a foundry.

The LGO, Dr Jane Martin, accused Dudley Metropolitan Borough Council of failing to consider properly how it could control nuisance from the site. She also said the authority took too long to issue a permit to operate.

In March 2007 Dudley issued a noise abatement notice that took effect from 31 December 2007.

The foundry also applied in March 2007 for a permit to operate under new regulations that came into force in April 2008.

Dudley appointed consultants to advise on that application. In March 2009 the council was considering issuing a permit.

A period of consultation followed and a final permit was issued in May 2010. But the foundry was unable to operate within the terms of the permit and closed.

Following a complaint, the Ombudsman found Dudley guilty of maladministration causing injustice.

She concluded that:

  • The council had taken "over a year to appoint consultants to advise on the application for a permit, over a further year to decide formally to grant the permit, and nearly a year more for the consultants to complete drafting the conditions that needed to be applied before the permit was issued";
  • during this period Dudley took no action to control the nuisance, such as issuing abatement notices or taking enforcement action; and
  • the delegated procedure for taking the decision about the permit lacked transparency, "causing local residents to lose an opportunity to make their concerns known in public to a committee of local councillors".

The council has agreed to pay £250 to each of the 27 households identified by Dr Martin as being most affected. It will also pay £250 to the person who filed the complaint on behalf of the residents.

Dr Martin said: “I have considered the circumstances of those living in the vicinity of the foundry and taken into account descriptions from local residents. I conclude that many households have been caused unnecessary disturbance but I consider those closest to the site will have been most affected.”