Local Environmental Quality: Odour and insect nuisance
What is odour and insect nuisance?
Odour and insect nuisance can have a detrimental affect on the quality of the local environment.
Under section 79 of the Environmental Protection Act 1990, local authorities have a duty to take reasonably practicable steps to investigate complaints of various nuisances, including "any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance".
This duty was extended by amendments made to the Environmental Protection Act 1990 under the Clean Neighbourhoods and Environment Act 2005 to include "any insects emanating from relevant industrial, trade or business premises and being prejudicial to health or a nuisance".
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What to do if you are suffering from odour or insect nuisance
If you are concerned about odour or insect nuisance coming from (relevant) industrial, trade or business premises, often the best way to deal with the problem is to go straight to the source.
Consider talking to the person or company responsible for the nuisance and point out the problem. You may find that they are unaware that they are causing a disturbance. The problem is not always one of inconsiderate behaviour.
Taking formal action
The most common route for taking formal action involves complaining to your local authority about the problem. Under sections 79 to 81 of the Environmental Protection Act 1990 local authorities have the duty to deal with odour and insect nuisance from [relevant (where insect nuisance is concerned)] industrial, trade and business premises which they consider to be a statutory nuisance.
Who do I complain to?
If you want to make a complaint about nuisance you should contact your local authority, usually the Environmental Health Department. The number will be in your local telephone directory.
If they visit or witness the problem and are satisfied that a statutory nuisance exists, they must take immediate action. If the nuisance is intermittent, they may ask you to keep details of the problem in the form of a diary.
Serving an abatement notice
If the local authority is satisfied that the problem amounts to a statutory nuisance they must serve an abatement notice. This may require the activity causing the nuisance to stop altogether, or that good practice is adopted to prevent a nuisance. Those upon whom an abatement notice has been served have the right of appeal within twenty-one days of it being served. Industrial, trade and business premises may use as a defence upon appeal against, or prosecution for non-compliance to, the notice the proof that ‘best practicable means’ were used to prevent or counteract the effects of a nuisance.
Failure to comply with an abatement notice
If a person(s) on whom an abatement notice has been served fails, without reasonable cause, to comply s/he will have committed an offence. There is a fine of up to £20,000 upon summary conviction for failure to comply with an abatement notice issued for odour or insect nuisance from industrial, trade and business premises.
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Page last modified: 31 July 2006
Page published: 22 August 2005