Odour
The Council receive many complaints about odours. The source of such odours may be from any of the following:
- Farmyard Spreading – sewage sludge, cesspool waste, poultry unit waste.
- Industrial Premises – solvents from car or body repair shops.
- Domestic Premises – dirty properties, drainage, livestock, bonfires.
- Farms – Livestock rearing units.
- Hot Food Takeaways/Restaurants/Public Houses – cooking odours.
- Food Manufacturing Premises.
In many rural areas it is often the process of agricultural spreading of manure that raises the most complaints. It is not possible to avoid all odours from agriculture and most farmers will try to avoid causing a nuisance but are often dictated to by the weather conditions and the position of their fields/crops. They are encouraged to use best practice in the process and the odours are usually short term.
The spreading of sewage sludge is controlled by the Sludge (Use in Agriculture) Regulations 1989. There is a code of practice for Agricultural Use of Sewage Sludge that should be used by the farmer when carrying out such practices, this is most often controlled by the Environment Agency but nuisance can still apply.
An odour can be defined as a smell that is detectable. People have different abilities and tolerances of odours, and it is often difficult to establish whether the odour is bad enough to cause a ‘nuisance’ or simply causes annoyance.
Legislation
Odours may be assessed as a statutory nuisance under Section 79 (c and d) of the Environmental Protection Act 1990.
What is a Statutory Nuisance?
Under Section 79 of the Environmental Protection Act 1990, (as amended), Councils have powers to deal with certain nuisances (these are deemed to be Statutory Nuisances). However, for the Council to be able to act, the nuisance must be coming from private land or property. These powers apply not only to control existing nuisance, but also where nuisance is expected to occur or recur. Statutory Nuisance cannot easily be defined but is often described as an unreasonable interference with the enjoyment of your property. It must occur regularly and must continue for a time that makes it unreasonable.
The Complaint Process
Which ever method you chose for making your complaint, please make sure you explain the problem fully, giving your contact details as well as information on the type of odour, who causes it and how long it goes on for. Your Case Officer from the Council will try to contact you within three working days to discuss the matter further with you. The officer may then send letters to both yourself and the person who is allegedly causing the odour. Often, a visit and sending of these letters is enough for the matter to be resolved, however if the problem continues, fill out a diary sheet, providing precise information about when the odour starts and stops, what type of odour it is and how it affects you. Keep the diary sheet for at least two weeks and then send it in to your case officer.
Once we have received the diary sheets, we will usually carry out a maximum of three visits to discover if the odour constitutes a statutory nuisance. If a statutory nuisance is substantiated, the Council will serve a notice under Section 80 Environmental Protection Act, on the person causing the nuisance or on the owner or occupier of the premises where the problem arises.
The notice may require the abatement of the nuisance, or place other restrictions on when and for how long the odour can occur or place other restrictions as deemed necessary. If the recipient fails to comply with the notice, proceedings can be taken against them in the Magistrates Court.
In England and Wales, a person who commits an offence under Section 80 of the Environmental Protection Act 1990 on industrial, trade and business premises is liable on summary conviction to a fine not exceeding £20,000. Offences committed under Section 80 on other premises can result in fines of up to £5,000 with a further fine of up to £500 for each day on which the offence continues after the conviction.
If the Local Authority considers that summary proceedings would not afford an adequate remedy, in England and Wales it may seek an injunction in the High Court.
Please note that whilst the details of complainants are confidential, should the case progress to the Court action being taken, the Council will require you to give evidence and your details will then be in the public domain.
You should also be aware that when selling your house, prospective purchasers would enquire of you (often through your solicitor) whether you have had any cause to complain to the Council. Failure to reveal any such complaints may lead to legal action being taken against you by the purchaser.