Everything in this world doesn’t always smell like roses and most of us are troubled by unpleasant smells at some time. If the smell does not go on for a prolonged period or is not too unpleasant we can usually cope. If not, however, we normally want somebody to do something about it.
Castle Morpeth Borough Council has a duty to take action to deal with any odour causing a statutory nuisance under the Environmental Protection Act 1990. A statutory nuisance is something which is so offensive and so prolonged that it significantly interferes with the enjoyment of an affected property and also includes ‘any smell arising on industrial, trade or business premises and being prejudicial to health or a nuisance’.
Smells originating from domestic premises are not in themselves covered by the Act however what has given rise to the smell may be. Smell is not something which can be measured easily, the chemicals which give rise to them are often at exceedingly low levels and sensitivity to smell varies very considerably between individuals. Judgement of whether or not a smell constitutes a statutory nuisance can, therefore, take time especially if the occurrence of the smell is unpredictable and only present for short periods of time.
If you do wish to complain to the Council about a smell you may be asked to keep a record, over a period of days or weeks, of what you can smell, how long and at what time of day it is occuring. The Council will then use this information to try and establish if there is any pattern to the problem.
If we conclude that the smell is giving rise to a statutory nuisance the Council will take action to abate it, often requiring the organisation or person responsible to take remedial action. Sometimes, however, there is nothing further that can be done. You should be aware that if you live close to a sewage works, farmland on which slurry is spread, refuse tip or certain other smelly activities you may be able to smell those activities from time to time. All the Council can do in those circumstances is require the operator to do what they reasonably can to minimise those smells.
If you find yourself bothered by an odour or require any more information please contact the Environmental Protection Unit on...
Telephone - 01670 535000
E-Mail - firstcall@castlemorpeth.gov.uk