Odour nuisance guidance
A statutory odour nuisance is something that is so offensive and prolonged that it significantly interferes with the enjoyment and use of the affected property. It only applies to odour from trade or business premises.
Many things can affect whether we would consider an order to be a statutory nuisance.
- The time of day the odour occurs.
- How long the odour is a problem.
- The type of smell and its effects.
- Together with the character of the area, for example, in the countryside it is reasonable to expect odour from farming activities.
Depending upon the type of odour, judging whether odour it is a statutory nuisance can take time. Especially if it is difficult to predict when the odour will occur and if it only lasts for a short period.
Odour problems we can investigate
The types of odour problems that we are able to deal with are restricted to the following:
- accumulations of waste that produce odour
- odour arising from the way that animals are being kept
- odour from industrial, trade or business premises, including premises such as restaurants and takeaways
Report an odour problem online, if the smell is comes from one of the above.
If the source is a commercial premises, such as a restaurant, we cannot enforce any changes if the business has already adopted best practicable methods to reduce the odour.
Common causes of odour
Odour complaints can sometimes 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 perfectly lawful activity, subject to certain controls and considered the best practicable environmental option for disposal of such wastes.
Read the Code of Good Agricultural Practice on the Department of Agriculture, Environment and Rural Affairs website for best practice on spreading. Spreading is a standard agricultural practice and odour expected from time to time. Undertake spreading in accordance with this best practice Code.
The Code advises about weather conditions that would be appropriate for spreading, days and times to avoid, and the need for the land to be cultivated soon after spreading.
If we become aware of unacceptable odours produced by spreading agricultural materials, an officer will investigate to check compliance with the Code.
We will not usually consider complaints unless the odour persists for at least 24 hours after spreading is finished.
Commercial kitchen extraction systems
Although it is not possible to completely remove all odours, planning conditions generally prevent odour nuisances occurring 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 the Environmental Protection Team for advice. We will assess whether the offending kitchen is operating 'best practicable means'. For example, the extraction system being suitable for the types of food and quantities of foods being cooked. If the premises is already operating 'best practicable means', we have little remit to enforce change.
DEFRA's Guidance on the control of odour and noise from commercial kitchen exhaust on GOV.UK outlines what you need to submit to the planning department when applying to change the extraction system in a commercial kitchen.
Industrial, trade and business activities
We regulate certain types of business to keep any air pollution (including odour) that they may cause to a minimum.
Under the Environmental Permitting Regulations 2010, certain businesses must get a permit from us. This permit will set out conditions they must keep to, including ways to prevent odours produced by their activities from causing a nuisance.
Report an odour problem online, or contact the Environmental Protection Team on the details below, if you do experience problems with odour from businesses.
If we cannot solve the problem by enforcing the conditions of the permit, we may take action under the Environmental Protection Act 1990.
The Environment Agency issue and enforce permits for larger industrial activities and we may refer your complaint to them.
For an odour complaint about Omega Proteins Ltd at Wildriggs, Penrith, telephone the Environment Agency, on their 24 hour incident hotline, 0800 80 70 60.