Evidence of noise complaints being investigated, 250 Toddington Road, Luton

Response to this request is long overdue. By law, under all circumstances, Luton Borough Council should have responded by now (details). You can complain by requesting an internal review.

Dear Luton Borough Council,

Since the beginning of last year I have sent numerous noise complaints via the council web site regarding severe noise nuisances coming from the two companies at the front of 250 Toddington Road, Luton, LU4 9DZ, which are between 70db to over 90db (recorded from inside our house) when it should be no more than 35db which goes on all day long for 11 to 16 hours a day (some days 5.00am to gone 9.00pm) including non-stop beeping, banging, clanking, crashing, banging with hammers, cutting/grinding with power tools, noise from lorrys (air brakes, beeping, chugging, revving, banging), noises from an unauthorised crane, beeping horns, noise from machinery, etc., all coming from unauthorised manufacturing, unauthorised uses of the premises, unauthorised machinery and unauthorised working hours. Every complaint has been unanswered and nobody has been out to witness the noise, despite the council confirming in writing in 2015 that the noise nuisances are persistent invasive statutory noise nuisances and again confirming this in 2017.

The council are legally required by law to answer and investigate all noise complaints and to update us on the investigation as these noise nuisances are a severe breach of the Human Rights Act law.

Please therefore provide me with evidence of each of my noise complaints against the two companies at the front of 250 Toddingon Road, Luton, made on the 15.02.18, 19.02.18, 20.02.18, 21.02.18, 05.03.18, 13.03.18, 19.03.18, 20.03.18, 28.03.18, 29.03.18, 09.04.18, 10.04.18, 11.04.18, 20.04.18, 23.04.18, 27.04.18, 03.05.18, 11.05.18, 14.05.18 (12.04pm), 14.05.18 4.05pm, 17.05.18, 22.05.18, 31.05.18, 04.06.18, 05.06.18, 06.06.18, 21.06.18, 26.06.18, 29.06.18, 23.07.18, 07.08.18, 22.08.18, 23.08.18, 29.08.18, 30.08.18, 04.09.18, 05.09.18, 19.09.18, 20.09.18 am, 20.09.18 pm, 28.09.18, 06.10.18, 15.10.18, 18.10.18, 22.10.18, 24.10.18, 29.10.18, 01.11.18, 19.11.18, 20.11.18, 22.11.18, 03.12.18, 10.12.18, 14.12.18, 20.12.18, 03.01.19, 07.01.19, 08.01.19 am, 08.01.19 pm, 09.01.19, 17.01.19, 23.01.19, 31.01.19, 01.02.19, 11.02.19, 18.02.19, 26.02.19, 27.02.19, 11.03.19, 14.03.19, 15.03.19, 19.03.19, 21.03.19, 25.03.19, 27.03.19, 28.03.19, 02.04.19, 08.04.19, and 09.04.19 being investigated including the date of our complaint, the date and time it was investigated, the exact position of where it was investigated from included at what height (i.e. on the ground in front of the fence, elevated off the floor at a height of our top floor windows), the exact noises witnessed, the decibel readings and high frequency reading of each noises and what has happened about the noise nuisances.

I have asked for this evidence previously on numerous occasions but have received no reply.

I look forward to receiving evidence of my complaints being investigated within the next 20 days, to comply to the Environmental Protection Act law and the Human Rights Act law.

Yours faithfully,

M Hammond

Dear Luton Borough Council,

I have not received a reply to my request for information, which should have been answered by law as per the Freedom Of Information Act and Environmental Information Regulations Act by the 10th May 2019. This information should be readily available if the correct procedures and laws have been applied, therefore as the council are continuing to refuse to answer residents complaints and other Freedom of Information Act requests, please send me the information that I have asked for by tomorrow otherwise I will have no alternative but to make a complaint to the Information Commissioner.

Yours faithfully,

M Hammond

LBC Feedback, Luton Borough Council

3 Attachments

 

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|Information Governance Team |
| |
|Luton Borough Council |
| |
|Town Hall |
| |
|George Street |
| |
|Beds |
| |
|LU1 2BQ |
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|  |
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|T:  01582 546398 |
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|E:  [1][email address] |
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|W: |
|[2]www.luton.gov.uk/complaints|
+------------------------------+

 

 
Dear Ms Hammond

 

I write following correspondence
received from the ICO, Ref.
FER0843017.

 

It was brought to our attention
that your freedom of information
request dated 9^th April 2019
was not responded too. It
appears that due to an
administrative error this
initial request was missed. We
apologise for this error along
with the delays you have
incurred. 

 

Upon looking into the initial
request we have deemed that this
is a Subject Access Request and
will therefore process it under
the Data Protection Act 2018.

Under the Data Protection Act
2018, we would only be able to
provide information we hold
about your complaints made.
Access to a third party’s
records is only permitted with
their explicit, handwritten
permission.

Please bring your ID documents
which include proof of address
within the last 6 months to the
Reception desk at the address
below where they will be copied
and forwarded to our team in
order for us to process your
request.

The documents used to verify
your identity will be securely
destroyed 6 months after we have
responded to your request.

We will not begin the process of
making records available until
we have verified your identity.
If ID is not received within 14
days from this email date this
access request will be closed. 

If you have any queries
regarding the processing of your
request, please do not hesitate
to contact us by emailing
[3][Luton Borough Council request email] or
telephoning us on the above
number.  Please keep and quote
the above reference number for
any correspondence.

Yours sincerely

 

Information Governance Team

Reception Opening times
Monday, Tuesday, Thursday and
Friday: 8.30am to 5.30pm.
Wednesday 10am to 5.30pm

 

 

 

 

 

 

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Dear LBC Feedback,

Sorry but this not acceptable and appears to be yet another excuse for the council to continuing refusing to supply evidence of noise complaints against two companies who carry out work for the council being answered and investigated. We have asked the council on numerous occasions via email and letter and in person at planning meetings over the last 4.5 years to provide us with evidence of our complaints being investigated and have still not received anything. You already know my name and address as I have been sending noise complaints to the council every single week for the past 4.5 years, all of which have been unanswered and the ICO have also contacted you about your refusal to show any evidence of our complaints being investigated and I assume that they have given you my name and address. I have looked at other requests for the same information on the website What Do They Know and nobody else has been asked to take ID as evidence of who they are to council offices. I am not able to get to your offices as I don't drive and there is no way that I am leaving my private documents with the council just to get evidence of my noise complaints being investigated which you should have answered and investigated within 20 days as per the Environmental Protection Act law and the Human Rights Act law.

You also mention third partys records. I have not asked to see third party records only evidence of my noise complaints being answered and investigated.

Below are a list of the noise report reference numbers as given by the council on your web site at the time that I made the complaints and the date the complaint was made. Our name and address is clearly shown on all of these complaints so there is no reason for you to ask for my ID:-

15.02.18 - EN_68175647
19.02.18 - EN_68420720
20.02.18 - EN_68514305
21.02.18 - EN_68612019
05.03.18 - EN_69504958
13.03.18 - EN_70213797
19.03.18 - EN_70682636
20.03.18 - EN_70788919
28.03.18 - EN_71527395
29.03.18 - EN_71646642
09.04.18 - EN_72387458
10.04.18 - EN_72517695
11.04.18 - EN_72606043
20.04.18 - EN_73441399
23.04.18 - EN_73638956
27.04.18 - EN_74061778
03.05.18 - EN_74634166
13.05.18 - EN_75486019
14.05.18 (12.04pm) - EN_75546133
14.05.18 4.05pm - EN_75583849
17.05.18 - EN_75877789
22.05.18 - EN_76333060
31.05.18 – complaint made via email
04.06.18 - EN_77553368
05.06.18 - EN_77757963
06.06.18 – complaint made via email
21.06.18 - EN_77757963
26.06.18 - EN_79801853
29.06.18 - EN_80125676
03.07.18 - EN_80462218
23.07.18 - EN_82504318
07.08.18 - EN_84108914
22.08.18 - EN_85634740
23.08.18 - EN_85728589
29.08.18 - EN_86330478
30.08.18 - EN_86464142
04.09.18 - EN_86971202
05.09.18 – complaint made via email
19.09.18 - EN_88801824
20.09.18 am - EN_88861536
20.09.18 pm - EN_88927317
28.09.18 - EN_89867541
02.10.18 - EN_90351473
06.10.18 - EN_90860344
15.10.18 - EN_91905647
18.10.18 - EN_92311059
22.10.18 - EN_92761517
24.10.18 - EN_93038322
29.10.18 - EN_93539194
01.11.18 - complaint made via email
19.11.18 - EN_96301862
20.11.18 - EN_96449042
22.11.18 - EN_96811688
03.12.18 - EN_98270434
10.12.18 - EN_99174067
14.12.18 - EN_99675110
20.12.18 – complaint made via email
03.01.19 - EN_101316143
07.01.19 – EN_101685247
08.01.19 am - EN_101761322
08.01.19 pm - EN_101842176
09.01.19 - EN_101920502
17.01.19 - EN_102821605
23.01.19 - EN_103418749
31.01.19 - EN_104289734
01.02.19 - EN_104366433
11.02.19 - EN_105388734
18.02.19 - EN_106166891
26.02.19 - EN_107127856
27.02.19 – complaint made via email
11.03.19 - EN_108984190
14.03.19 - EN_109466042
15.03.19 - EN_109664733
19.03.19 - EN_110056009
21.03.19 – complaint made via email
25.03.19 - EN_110862454
27.03.19 - EN_111280920
28.03.19 - EN_111463091
02.04.19 - EN_112075407
08.04.19 - EN_113028380
09.04.19 - EN_113179259

As I said my name and address and email address is clearly visible on all of the above noise complaint numbers made via the council web site and as I have now been asking for this evidence for the past 4.5 years and asked via What Do They Know on the 9th April 2019 and again on the 13th May 2019, I hope that the evidence that I have asked to see will be sent to me urgently as per the Freedom Of Information Act law.

Yours sincerely,

M Hammond

LBC Feedback, Luton Borough Council

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Dear LBC Feedback,

Unfortunately the attachment does not open. Please supply evidence of my complaints being investigated as soon as possible. As I have stated previously my name and address and email address details are shown on all of the complaints referenced above.

Yours sincerely,

M Hammond

LBC Feedback, Luton Borough Council

1 Attachment

Dear M Hammond

I am unsure why you were unable to open the previous email.

Please find this attached.

Kind regards

Information Governance Team
Business Intelligence
Luton Borough Council
Town Hall, George Street, Luton LU1 2BQ
Email: [Luton Borough Council request email]

show quoted sections

Dear LBC Feedback,

As I have already said you do not need a photocopy of my private and confidential ID to store at your premises to answer noise complaints, which the council have a legal obligation to answer and investigate and update us on within 20 days and I am unable to get to your offices as I do not drive. My name, address and email address are clearly shown on all of the numerous noise complaints listed in my request, all of which have the same name, address and email address on all of them and it is very easy for you to check this (I hardly think that anyone else except for me would know the report numbers of 81 noise complaints that I have made, why would another person want to ask for evidence of my noise complaints being investigated?). Can you please show me where it states in the Environmental Protection Act law on the government web site and on the council web site that people need to give the council a copy of personal ID to store at your offices just to have noise complaints answered. I have not asked you to provide me with any personal information and the information I have requested is going to be forwarded to the planning department to be added onto the public planning portal for everybody to see so the information is not private.

I have not asked to see any private and confidential information about myself or my family, all you need to send me either via this web site or by the email address shown on all of the 81 noise complaints or directly by post to my home address clearly shown on all of the 81 noise complaint, is the date of our complaint, the date and time it was investigated, the exact position of where it was investigated from included at what height (i.e. on the ground in front of the fence, elevated off the floor at a height of our top floor windows), the exact noises witnessed, the decibel readings and high frequency reading of each noises and what has happened about the noise nuisance, none of this is personal information and it is going to be included as evidence in a planning application which will be seen publicly on the planning portal.

You have answered previous requests via Whatdotheyknow showing my private and confidential information and clearly found letters and emails with my name and address on them without me giving you a copy of my ID, see your references "B04951 Response" "FOI B04951", so do not understand why you cannot do this by looking at the 81 unanswered noise complaints numbers where my name, address and email address is clearly visible and clearly the same on all of them. This is just another excuse to not answer any of the hundreds of unanswered noise complaints because the residents believe that none of them have been investigated.

I need this evidence urgently as I can no longer take the continuous torturous high pitched beeping every single second for 10 to 12 hours every day and continuous banging, crashing, clanking, banging with hammers, cutting with power tools, screeching, alarms, honking horns, etc., coming from these premises and need this evidence urgently to forward to someone to help my family to get this stopped as this is making my family ill and is just being allowed to get worse and worse. I am sure that you would not be happy if this was all you could hear for more than 12 hours every day from inside your own house from 5.45am to some days gone 9.00pm and nobody at the council will answer any complaints about it and refuse to come out to take evidence of it after confirming in writing in 2015 and 2017 that they are statutory persistent noise nuisances. You imagine listening to 8 of your neighbours alarms going off all day long for 12 hours a day or listening to 8 refuse collection lorrys beeping continuously all day for 12 hours, imagine how annoying and stressful it would be, that is what it is like for us almost every day.

Again my name, address and email address are clearly shown on all of the noise complaint numbers listed in my request, you do not need a copy of my private ID to keep on your records and I would also refer you to your response to my other requests references "B04951 Response" "FOI B04951" where you mentioned that you have looked at letters to and from my family (which I did not mention in the request) which again is evidence of my ID and the numerous unanswered emails and letters requesting to see this evidence over the past 5 years sent from ourselves to the noise department, planning department and complaints department which again clearly show our ID.

Yours sincerely,

M Hammond