Toxic Smell

Graham Taylor writes: Some time ago I complained to the then MP Nick Palmer, about the toxic smell emanating from Stanton by Dale Recycling Plants. In the last few days the smell is back. Especially today 22 October, with a dampish atmosphere and the wind in the NW, the acrid smell is overpowering (from mid afternoon onwards).

This is not good for the Bramcote Schools and also the Balmoral Drive, Arundel Drive, Moor Lane area of Bramcote, especially for anyone who suffers from asthma.

In 2013 a recycling plant on the site was shut down. The smell is equally as bad if not worse than then.

Please could this be investigated as a matter of urgency. Public Heath is at issue here.

I would encourage others to take up this complaint with councillors and their MP.

This entry was posted in Community Concern. Bookmark the permalink.

2 Responses to Toxic Smell

  1. Martin Plackett. Cllr. Bramcote Ward Broxtowe Borough Council says:

    I have e-mailed Broxtowe Environmental Health earlier this evening asking for an urgent response and reply to both myself and Mr Taylor. I would urge others to also contact the Department at Broxtowe Council if they have experienced the same problem.

  2. When a company makes a foul odour it is fairly easy for the council to deal with if they have sufficient evidence of it affecting people particularly _inside_ their homes or other premises. So if you are complaining you must stress how it affects you inside your building – not just on the street. It is reasonable of course to have a window open. It’s hard to prove that a smell injures health but easy to show that it interferes with enjoyment or use of a home. Unusually the council is actually obliged in law to respond to complaints of this sort – so it can’t say that it has insufficient resources or that it will attend in three weeks time. It then becomes an offence as below.

    (I should explain that i was just passing this in Facebook- i often help people with nuisance issues and a long time ago helped a little to get this website set up)

    the government guidance is as follows
    >For the smell to count as a statutory nuisance it must do one of the following:
    unreasonably and substantially interfere with the use or enjoyment of a home or other premises
    injure health or be likely to injure health
    >>3.4. Odour (smell) as a Statutory Nuisance
    Nuisances caused by odours are regulated by the statutory nuisance provisions in the EPA
    1990. Section 79(1)(d) of the EPA consolidated various types of atmospheric pollution that
    had been previously regulated under the Public Health Act 1936. It also added smell and
    steam to the list. Section 79(1)(d) EPA sets out this statutory nuisance as:
    „Any dust, steam, smell or other effluvia arising on industrial, trade or business premises
    and being prejudicial to health or a nuisance‟.
    Note that this provision is confined to industrial, trade or business premises and has no
    application where the odour source is from residential premises.
    This form of statutory nuisance is a separate provision from the emission of fumes or gases
    from premises which may constitute statutory nuisances under s.79 (1)(c) EPA1990.
    Section 79(1)(c) also originated in 1990 and only applies to private dwellings.13
    79(7) defines „fumes‟ as „any airborne matter smaller than dust‟. This subsection defines
    „gas‟ as including „vapour and moisture precipitated from vapour‟. This provision is not
    aimed at controlling smoke from domestic appliances, such as coal fires or boilers, for
    which section 79(1)(b) dealing with smoke nuisances is more appropriate.14
    Where a
    complaint arises from the emissions of fumes or gases – whether or not they were
    additionally odorous – then s.79(1)(c) is the appropriate type of statutory nuisance.
    Emissions from gas or oil boilers would thus come within its scope.
    Local authority environmental health services have a duty to „inspect‟ their districts from
    time to time for statutory nuisances. Additionally they have a duty, wherever reasonably
    practicable, to investigate any complaint about alleged odour nuisance made by a member
    of the public/resident. Section 79(1) states:
    „…and it shall be the duty of every local authority to cause its area to be inspected from
    time to time to detect any statutory nuisances which ought to be dealt with under Section 80
    below and, where a complaint of a statutory nuisance is made to it by a person living within
    its area, to take such steps as are reasonably practicable to investigate the complaint‟

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s