Odour and Dust Nuisance
The pollution team investigate complaints
regarding odour and dust. As with noise and smoke these
complaints are dealt with under section 79 and 80 of the
Environmental Protection Act 1990 and are investigated to determine
whether a statutory nuisance exists.
Odour
A statutory odour nuisance is defined by
Section 79 (1)(d) of the Environmental Protection Act 1990 as
'any smell arising on industrial, trade or
business premises and being prejudicial to health or a
nuisance'.
For an odour to be a nuisance the
frequency, duration and strength are taken into account.
There are no set levels or measuring devices to detect odour;
investigations can take time. We rely on you to provide us
with as much information as possible. Keeping notes of
weather conditions can also assist officers’
investigations.
Typical sources of odour complaints arise from
commercial kitchens or some industrial processes. If you live
near a commercial premise such as a takeaway establishment you
should expect some low level odour due to the nature of the food
being cooked. However this may become unacceptable if a
process changes or if on-going maintenance is not carried
out.
Should you have an odour complaint from a
domestic premise you should consult our private sector housing team.
Agricultural odours can also be a source of
complaint; normally this is associated with manure spreading and is
an acceptable process. We will not normally
investigate agricultural odour complaints unless the smell is
excessive and persistent.
Dust
Dust complaints normally arise from
construction sites or from an industrial process. Some
processes are permitted e.g. quarrying process, and are therefore
regulated by different legislation – in this instance Environmental Permitting Regulations.
For some large construction projects conditions may have already
been agreed with regard to dust control. For dust to be
classed as a nuisance it would have to be substantial enough to be
interfering with your enjoyment of your property or prejudicial to
health.
If you feel that you are being affected by dust or odour please
contact the pollution control team
Tel: 01446 709105
email: regserv@valeofglamorgan.gov.uk