A Brentwood woman suffered years of distress at the hands of a restaurant after a council failed to adequately probe repeated complaints, a watchdog has found.
Brentwood Borough Council improperly investigated concerns about a neighbouring restaurant to homeowner Mrs X, according to the Local Government and Social Care Ombudsman.
Excess waste, chemical drainage, noise and smells meant Ms X could not enjoy her home and garden, she had complained.
The council was found to have caused injustice by the ombudsman, which upheld Ms X's complaint.
Ms X had reported such nuisances to the council since 2018, including a complaint that the restaurant continued to complete developments without planning permission.
The council has agreed to apologise to the woman and pay her £3,450 for the distress and uncertainty caused by its failures, the report said.
Ombudsman Paul Najsarek added: "I hope that this [the ruling] will improve the situation for this woman, and others in the area who may have similar issues in future.”
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Ms X had complained the council did not properly investigate or act when she reported these problems.
The council had investigated some of her concerns, the report found, but decided there was no statutory noise nuisance.
Ms X then asked the council to visit her when the restaurant was busy and the problems at their worst, but was given no response.
Nuisances over a five year period caused Ms X distress and badly affected her health, she said.
The council has been told it must consider the report and confirm within three months the action it has taken or proposes to take.
It has been advised to apologise to Ms X and create a plan to investigate all outstanding issues ahead of potential enforcement action.
A payment of £3,450 to Ms X has been recommended for the council to pay, as has a review into its environmental health enforcement and statutory nuisance policies.
A council spokesperson said: “We accept the findings of the Local Government and Social Care Ombudsman and apologise to the resident involved in the case."
The spokesperson added that the council will undertake the ombudsman's recommendations and investigate all outstanding issues.
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