A COUPLE who have “exhausted” their options in a long-standing battle with government officials over noise and smells stemming from a nearby catering unit have taken their grievance to the UK Privy Council in a last-ditch attempt to “get justice”.
The update from Paul and Sally Wood, who live close to St Peter’s Technical Park, comes months after they learnt that their concerns – over what they have described as “excessive noise” and “awful smells” emanating from the site – would not be heard by the States Complaints Board.
The couple had cited a number of senior States Members in a formal complaint alleging a failure to appropriately investigate the issue, which they said had become most apparent after the Hospital’s catering unit was moved to the park nearly a decade ago.
In March, the States Greffe informed them that Complaints Panel chairman Geoffrey Crill had concluded “due and reasonable enquiry” was made by the Environment Minister into whether a statutory nuisance was taking place and if a ‘stop notice’ was necessary.
“He concludes that the minister cannot do any more, unless a change of circumstances warrants renewed enquiry,” the Greffe noted at the time.
Mr and Mrs Wood sought to appeal the decision, but it was later upheld by the panel’s deputy chairs.
The couple has since revealed that they have paid for tests and a report by the same independent company behind the project’s original pre-planning noise assessment, which outlined maximum rating levels resulting from the new equipment of 45 decibels for daytime noise and 29 decibels at night.
Commenting on the results of the recent tests, Mrs Wood said: “A ten-minute night time measurement at the boundary wall registered 44.7 decibels against a limit set of 29 decibels. This represents a massive operational excess of 15.7 decibels.”
She continued: “Under BS4142 methodology, this represents an excess of 15.7 decibels. Any excess of 10 decibels is an open-and-shut case of ‘significant adverse impact’.”
However, the couple claim that their report has subsequently been “rejected” by Planning Department officials.
They have now taken a formal complaint to the Privy Council alleging a breach of their right to the “peaceful enjoyment” of their property, as defined in the European Convention of Human Rights.
“It has become quite obvious to us that we are never going to get a fair hearing and we have now exhausted all our options to get justice,” Mrs Wood said.
“The States have a duty to ensure that everyone has the human right to the peaceful enjoyment of their property and we have been denied that for years.
“The Island needs a proper complaints system such as an Ombudsman, but even this is being denied to the people.”
