Odours
A statutory odour nuisance is something which is so offensive and prolonged that it significantly interferes with the use and enjoyment of your property.
Many things are taken into consideration when determining whether an odour is a statutory nuisance, such as the time of day, how long it lasts, the type of smell and it’s effects and the character of the area (for example, in the countryside it is reasonable to expect odour from farming activities).
Unfortunately odour is not something which can be measured. Judgement of whether or not an odour constitutes a statutory nuisance can take time, especially if the occurrence of the odour is unpredictable and only apparent for short periods of time.
We have powers under Section 80 of the Environmental Protection Act 1990 to investigate and deal with statutory odour nuisance. The types of odour nuisance that we are able to deal with are the following:
- Fumes from boilers, etc.
- Smoke from bonfires or chimneys
- Accumulations of waste (e.g. dog faeces, food items, etc.)
- Odour arising from the manner in which animals are kept
- Filthy premises
- Odour from industrial, trade or business premises (including restaurants and takeaways)
Please note we cannot deal with cooking odours from domestic premises and if the source is a commercial or industrial premises, we have to bear in mind the best practicable means defence, which means that if the odour is normal for the process then enforcement action is unlikely to succeed.