Suffolk Coastal's Environmental Protection Team has
powers of enforcement, under the Environmental Protection Act 1990,
to deal with smells that cause a statutory nuisance. A
statutory nuisance includes 'any smell arising on an 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 Environmental Protection Act 1990. The source of
that smell, however, may be covered under the Act as an
accumulation of rubbish or the result of a
property being in a
filthy and verminous condition. For the
Council to be able to take formal action the smell must be
considered to be a statutory nuisance.
Unfortunately, smells are not something that can be
measured. The chemicals that give rise to smells are normally at
exceedingly low levels and sensitivity to smells 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
apparent for short periods of time.
How to make a formal complaint
If you are affected by a smell and wish to make a formal
complaint to the Council about the smell, you will be asked to keep
a record, over a period of days or weeks, of what you can smell,
what you think is causing the smell, for how long and at what time
of day. You can download a complaint record form by following the
link below:
We will use this information to try and establish if there is
any pattern to the problem. We will then try to establish the cause
and what, if anything, can be done about it.
If we conclude that the smell is giving rise to a statutory
nuisance then we may serve an abatement notice requiring the
organisation 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 sewage works, farmland on which
slurry is spread, a 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 require further information and advice or would like to
make a formal complaint you can contact us on
01394 444624 or email
environmental.protection@suffolkcoastal.gov.uk.