Dealing with odour

Ask you to keep a record of the odour

We will normally send you a log sheet to record details of the odour with dates and times of when and how it affects you. You must return the log sheet within four weeks, or we will not proceed with the investigation.

Notify the organisation responsible for the odour

We will contact the business you are complaining about to tell them a complaint has been made and may make a visit at this stage. We will not say who has made a complaint but sometimes it can be obvious.

Visit to witness the odour

If the odour continues after we have contacted the business, and the evidence provided in your log sheet suggests that it is likely amount to a nuisance, we will make up to three attempts to witness the odour to gather evidence to determine whether formal enforcement action is appropriate.

The law requires us to assess the impact of odour on you in your own property. If we cannot do this, we are unlikely to be able to proceed.

To determine whether an odour constitutes a nuisance, we will consider:

• the strength of the smell
• how often it’s detectable and for how long
• when it occurs
• its offensiveness
• its character (‘fruity’, ‘fishy’ etc.)

Wind direction and weather conditions will be considered as these can cause variations in odours.

If an abatement notice is served and the business can demonstrate the use of best practicable means (i.e. up-to-date and effective methods to control the odour), this may be grounds for appeal against the notice, or a defence, if prosecuted for not complying with the notice.

If we cannot find evidence of a statutory odour nuisance, you have the right to take your own private action through the Magistrates' Court.