Odour can be produced from various sources, eg, agricultural or business practices, domestic premises, keeping of pets and accumulation of rubbish.
Odour is subjective (what is offensive to one person may be acceptable to another) and factors that are examined when considering the existence of a nuisance are:
- type of odour
- wind strength and direction
- duration of odour
- time of day
- how often it occurs
The odour needs to be considered to be a statutory nuisance from an officer's professional opinion. In addition, the source needs to be beyond reasonable doubt as the cause of the odour.
If we have evidence that you are causing a statutory nuisance, a legal notice may be served on you under the Environmental Protection Act 1990.
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- your name, address and a contact telephone number
- accurate details of the source of the problem before we can start an investigation
All complainants’ personal details will be treated confidentially, however should the case go to court then your names would have to be released. You would have an opportunity to discuss this with the case officer before the details were released.
Anonymous complaints will not normally be investigated.
We will respond to all incidents within two working days. We will contact both parties and if possible mediate between complainants to provide a solution.
We will monitor the odour that is being complained about.
If a nuisance is proved, we will take prompt enforcement action.
You can contact your neighbour direct and resolve it between yourselves - how to resolve neighbour disputes
You can take private action and we would recommend that you contact a solicitor for advice.