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What you can do if experiencing an odour problem
What we do and don't investigate
Do
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Don't
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| Odour or Fumes of Gases from commercial buildings / Businesses | Odours from domestic properties |
| We have limited powers to deal with muck spreading |
Preventing an odour nuisance
Click on how to prevent an odour nuisance(PDF) for further information
What you can do if experiencing an odour nuisance
It’s always a good idea to try and resolve problems informally by just letting your neighbour know that there is a problem.
Talk to your neighbour
You could let your neighbour know that there is a problem, by having a conversation, or if you feel that you cannot speak to your neighbour, you could write a letter. You may like to use our template letter as an example.
Odour nuisance template letter
The council only has a duty to act and take enforcement action when it can be shown to be a statutory nuisance. The occasional occurrence is unlikely to be a statutory nuisance even though it may be an annoyance. To be classed as a statutory nuisance in terms of the law, it must be clear that the nuisance has a significant impact upon people nearby.
Report it
If after considering the information above, you may report the problem to the Environmental Protection Team.
Please contact us on Tel 01225 477551 8.30am to 5.00pm Monday to Thursday and 8.30am to 4.30pm Friday
If the problem is happening out of office hours, then please contact us the next working day on Tel 01225 477551 in order to speak to an Environmental Health Officer about your concerns.
If you prefer to log your call at the time of the incident, then you may call:
Out of hours logging service - Tel 01225 477477.
Please note, we do not offer a reactive service to problems happening out of office hours. This is a logging service only. Calls logged will be passed to the Environmental Protection Team the next working day. They will then contact you within 2 working days.
What we need from you
When making a complaint you must include:
- Your name, address and if possible contact telephone number(s) and your email address
- The address you are complaining about and the type of nuisance(e.g. loud music, extractor fan, bonfire, accumulation of rubbish etc.)
- When and for how long the nuisance normally occurs
- The way the nuisance affects you e.g. prevents sleep
Anonymous complaints will not be investigated.
How we investigate
Once we have confirmed that you wish to make a formal complaint, we will write to the property that is allegedly causing the problem, to make them aware that a complaint has been received and advice on how to avoid further problems.
We will also ask you to complete logs sheets for a period of 14 days.
Complaints of regular occurring odour are investigated under the Environmental Protection Act 1990 (Statutory Nuisance legislation). Factors that are examined during our investigation process are:
- The time(s) at which it happens
- How often it happens
- How long it lasts
- Intensity of the odour
- Type of odour
- Location and characteristics of the area
If the officer receives evidence that a statutory nuisance exists or the matter is unreasonable, a notice can be served upon the person(s) responsible. Failure to comply with the notice can result in court action. If convicted, the person responsible for the nuisance can face a fine.
