An unpleasant smell is a statutory nuisance (as is effluvia) when an environmental health officer determines it's so offensive and prolonged it's significantly interfering with a person's enjoyment of their property. Certain effluvia can be harmful to your health as well as a nuisance. Statutory nuisance legislation only applies to smells from trade or business premises, while effluvia can relate to fumes and gases emanating from residential premises.
To check if a smell is a statutory nuisance we consider:
- the time of day it happens
- how long the smell has been a problem
- the type of smell and its impact
- the character of the area, for example, in the countryside it’s reasonable to expect smells from farming activities
Judging if a smell is a statutory nuisance can take time, especially if it’s difficult to predict when the smell will happen and if it only lasts for a short period.
Odours we can investigate
We can investigate odours or smells caused by:
- waste
- how someone keeps animals
- industrial, trade or business premises, including premises such as restaurants and takeaways
If the source is a commercial premises, such as a restaurant, we'll check what measures the business has already taken to reduce the odour or if the business is already covered by an Environmental Permit with conditions to address odour.
Report an odour nuisance
If the smell comes from one of the above sources and it's so offensive and prolonged that it might be a statutory nuisance, you can report it using the contact details at the bottom of this page.
Common smells and what we can do about them
Manure spreading
Odour complaints can relate to the storing and spreading of bio-solids (sewage sludge), animal manure and slurries (muck spreading).
The general practice of incorporating manures and bio-solids into agricultural land is a legitimate practice and considered the best option for disposal. The spreading of pre-treated sewage sludge is also a lawful activity, subject to certain controls, and considered the best environmental option for disposal of such wastes.
Spreading should follow the Code of Good Agricultural Practice (which you can read on the on the Department of Agricultural, Environmental and Rural Affairs website), which includes advice on weather conditions appropriate for spreading, as well as days and times to avoid. If you become aware of unacceptable smells from spreading, contact us using the details at the bottom of the page and an Environmental Protection Officer will investigate to check compliance with the Code.
We will not usually consider complaints unless the odour continues for at least 24 hours after the spreading has finished.
Commercial kitchen extraction systems
Although it's not possible to completely remove all odours, planning conditions generally prevent odour nuisances from commercial kitchens.
If you feel that odour from a commercial kitchen, such as a restaurant or pub, is having an unreasonable effect on the enjoyment of your property, please contact us for advice using the details at the bottom of this page. We'll check the kitchen is operating best practice, for example if the extraction system is suitable for cooking the types of food and quantity of food. If the premises is already operating best practice, we have little remit to enforce change.
Industrial, trade and business activities
We regulate certain types of businesses to keep any air pollution (including smells and other effluvia) that they may cause to a minimum.
Under the Environmental Permitting Regulations 2016, certain businesses must get a permit from us. This permit will set out conditions they must keep to, including ways to prevent smells from their activities from causing a nuisance.
Contact us using the details at the bottom of this page if you experience problems with odour from businesses. If we cannot solve the problem by enforcing the conditions of the permit, we may take action under statutory nuisance.
The Environment Agency issue and enforce permits for larger industrial activities and we may refer your complaint to them.
Call the Environment Agency on their 24 hour incident hotline: 0800 80 70 60 for an odour complaint about Omega Proteins Ltd, Penrith (formerly known as Wildriggs).