Campaigning for the countryside in Lancashire, Greater Manchester and Merseyside.
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The Lancashire Branch of the Campaign to Protect Rural
England
Hazelwell House,
Station Road,
Bamber Bridge,
Preston,
Lancashire,
PR5 6TT
Tel: 01772 627510
Email: ruralengland@btconnect.com
Registered Charity Numbers : 221244 and 1107376
The Lancashire Branch of CPRE is a Company Limited By Guarantee registered in England, no. 5291461
Lancashire CPRE is a charity and provides all the content of these pages free of charge to the general public.
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Air Pollution Control - Odour Nuisance
What constitutes odour nuisance?
Most odour nuisance arises from industrial or agricultural processes: organic chemicals and processing animal by-products cause particular problems.
Who is responsible for the control of noxious emissions?
The Environmental Protection Act 1990 introduced six categories of industrial processes (Schedule A processes) subject to Integrated Pollution Control (IPC) by the Environment Agency. A further group of processes (Schedule B) will be controlled by local authorities under Air Pollution Control (APC) powers. Schedule B processes are authorised by and registered with local authorities, the District or Borough Council.
Local authorities keep registers of Schedule A registered works within their area. They also keep public registers of authorisations for Schedule B processes along with particulars of applications for and revocations of authorisations and Enforcement and Prohibition Notices issued.
What control is required?
Atmospheric discharges from works where scheduled processes are undertaken are controlled either through fixed statutory limits on emissions or the use of Best Available Technology Not Entailing Excessive Cost (BATNEEC).
What powers of control are available?
Compliance is usually sought by co-operation. Where this fails a letter of infraction, which states the nature of the breach and recommendation for compliance, is sent; when a statutory provision has been breached an Improvement Notice is served; a Prohibition Notice may be served when members of the public are at risk of serious personal injury.
Action over the emission of odours can also be taken under the nuisance provisions contained in Part III of the Public Health Act 1936. If odour nuisance is a recurring problem a Prohibition Notice may be served under the Public Health (Recurring Nuisances) Act 1969 by either the Environment Agency or the local authority.
Individuals rarely use their rights in common law to bring private or public nuisance actions mainly because of the cost but also because of the difficulties of providing scientific evidence to substantiate a case.
Other Information
Environmental Protection Act 1990
Public Health Act 1936 Part III
Public Health (Recurring Nuisances) Act 1969