Air pollution
Summary
We can deal with some sorts of air pollution, and the information below explains how we get involved, air pollution and the Law, and how you can take action yourself.
We also publish a review of air quality in the district from time to time (please contact us for a copy) plus annual monitoring reports which can be downloaded from here.
What you can download
Benzene monitoring
Under 'Downloads' below you will find the final report on twelve months of monitoring of benzene levels in the air in Loddon. The report, from independent expert consultants AEAT, details the results of monitoring by an automatic air quality analyser and diffusion tubes, which picked up air quality deposits at five sites around the town.
Air quality monitoring reports
You can also download the air quality monitoring reports carried out since 1997 (note that a report was not produced every year, which is why some are missing).
Downloads
The following link(s) require a plug-in, and will open in a new browser window [
]. About downloading files.
South Norfolk air quality progress report 2008 [PDF, 2399 Kb]
Download the odours factsheet [PDF, 241 Kb]
Final report on Benzene levels in Loddon: Oct 2005 [PDF, 207 Kb]
Download the 2007 South Norfolk air quality report [PDF, 550 Kb]
Download the 2006 South Norfolk air quality report [PDF, 3744 Kb]
Download the 2004 South Norfolk air quality report [PDF, 611 Kb]
Download the 2003 South Norfolk air quality report [PDF, 1304 Kb]
Download the 2000 South Norfolk air quality report [PDF, 264 Kb]
Download the 1999 South Norfolk air quality report [PDF, 367 Kb]
Further information
Odour pollution
An odour can be defined as a smell that is detectable. People have different abilities and tolerances of odours, and as such, we are faced with an often difficult task of establishing whether the odour is bad enough to cause a 'nuisance' or simply causes annoyance.
The legal position
There are no laws which relate specifically to odour, nor is there a fixed level which constitutes a statutory nuisance. Individual circumstances differ, and each case has to be judged on its own merits. Complaints of odour which includes smokes, fumes, or gases are investigated under the Environmental Protection Act 1990.
In determining whether an odour causes a statutory nuisance, it has to be proven that the odour:
- Occurs frequently;
- Is unreasonably strong, and;
- Lasts for long periods at a time.
In practice the odour would have to be a persistent problem interfering substantially with your well being, comfort or enjoyment of your property.
What you can do
- Identify the source of the odour. This is important as we are unable to pursue complaints where the source cannot be identified.
- Consider how often the odour occurs, and what effect it has on you.
- Consider whether the odour is the main issue: often an odour complaint is part of a greater and sometimes complicated neighbour dispute.
Please note: anonymous complaints cannot be investigated.
Our involvement
1. Letter to the person the complaint is about
A letter will be sent to the person alleged to be causing an odour nuisance advising them that a complaint has been made and to try and to give them an opportunity to resolve the matter informally.
Your name and address will NOT be disclosed to the other party unless the matter progresses to court. The other party may however guess who has complained or approach you to ask if you have made a complaint.
2. Letter to you
A letter will be sent to you, asking you to provide the initial evidence to prove that a nuisance exists. You will be asked to keep a log for a minimum of 14 days recording when the odour causes a nuisance to you.
3. Diary of events
The diary sheets should be completed as comprehensively as possibly to give us an accurate and true record of what is occurring. Examples of the details to be included in the form are:
- The time & day of the week that the odour occurs;
- Possible direction from source (e.g. wind direction, type of smell) and;
- Any adverse effects that the odour has on you.
4. Sending the information to us
Once complete, please return these forms to us for consideration. Please note that it we do not receive diary sheets from you, it will be assumed that the matter has been resolved to your satisfaction and no further action will be taken in respect of your complaint.
5. Formal investigation
If on consideration of these forms, we believe that a statutory nuisance may exist, a formal investigation will be conducted. This will involve visits to your property on a maximum of three occasions at times agreed with you to try and witness the nuisance.
If informal action fails to resolve the situation and it is felt that the odour constitutes a Statutory Nuisance, we may be able to have it stopped or reduced using notices served under Section 80 of the Environmental Protection Act 1990.
Nuisance?
Whilst easily detectable, annoying, disagreeable and troublesome, not all odours give rise to a statutory nuisance. There may be insufficient evidence to prove that the odour is unreasonable enough to cause a nuisance or that despite someone's best intentions, the nature of the work they are undertaking means that the odour is unavoidable.
This may seem unfair, however in such situations, Environmental Health Departments have no powers to pursue a course of formal action. Environmental Health Departments must consider the following:
Odour from commercial processes
Any industrial or commercial operation has a defence against statutory nuisance known as the 'The Best Practicable Means' defence. This means that if they are doing everything within their financial means and within the scope of current technical knowledge to prevent causing a problem, establishing a statutory nuisance would be unlikely.
Permitted Processes
In the case of a business with an environmental permit, it is the compliance with the permit that is assessed, rather than if a nuisance exists.
Odour from the land
In dealing with complaints relating to the spreading of manure or slurry on the land, Environmental Health Departments follow the informal advice provided by the Ministry of Agriculture Fisheries and Food (MAFF) , which is that 'manure or similar should be ploughed in within 72 hours of it being spread.'
It is accepted that there is to be a certain degree of odour arising from this activity. If odour is experienced after this period and its source is identifiable, Environmental Health Departments can investigate to establish whether it is causing a statutory nuisance.
Bonfires
Separate guidance is available for bonfires - please see our page on smoke pollution.
Taking your own action
If you should wish to take your own action, Under Section 82 of the Environmental Protection Act 1990, you may make a complaint directly to the Magistrates Court regarding an odour which you believe to be a nuisance.
If this should be your chosen course of action we would advise you to consult a Solicitor. Please note that you would be responsible for any costs incurred by such action.
Related pages on this website
Contact us
| contact officer/team: | Environmental Support Officer |
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| web: | online enquiry form |
| email: | envserv@s-norfolk.gov.uk |
| freephone: | 0808 168 4444 |
| telephone: | 01508 533830 |
| minicom/textphone: | 01508 533622 |
| address: | South Norfolk Council South Norfolk House Swan Lane Long Stratton Norwich NR15 2XE |
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If you need information in large print, audio cassette, braille, translation (written or verbal) or signed interpretation, let us know when you contact us.
