Statutory Nuisance
Odour and Dust Pollution
Odour and dust can arise from a number of sources such as construction sites, restaurants, industrial sites and agricultural land.
Commercial extraction systems
Unpleasant smells from commercial kitchen extraction systems can arise as a result of poorly designed, installed and maintained systems. The Environmental Protection Team aims to control smells from food premises during the planning process by recommending the inclusion of conditions to control filtration and discharge at a suitable height.
Land spreading
The application of fertiliser and land conditioners to agricultural land is a recognised farming practice. This process will produce unpleasant smells lasting only a short time.
Construction sites
Dust from construction sites may be restricted by conditions placed on granted planning permission and it would be worthwhile contacting the Planning Department to discuss this.
Complaints
We can only investigate complaints of unpleasant smells arising from industrial, trade or business premises. The law does not allow for action to be taken against smells that arise from residential properties, such as cooking or cigarette smoke.
How we investigate
When officers investigate smell and dust complaints, they must determine how unreasonable the complaint is to the average person.
We will require you to complete a diary detailing how and when you are affected by the smell or dust.
We will contact the person causing the situation to make them aware a complaint has been received and where possible, provide advice on control measures.
Officers can make visits to monitor the dust or smell being experienced.
If it is determined that a nuisance exists, there are a number of legal powers available to resolve the problem, including an enforcement notice and legal charges.
Taking private action
You are able to take action if you are affected by the existence of a nuisance. This would be to the Magistrates’ Court, where an Order could be granted requiring the reduction of the nuisance and a fine may also be issued.
Advice
The Environmental Protection Team is available to provide advice on dust and odour issues by contacting one of the following:
Telephone: 01429 284024
