Dust and odour - Print version

Under The Environmental Protection Act 1990, we can take action where odour or dust is causing a statutory nuisance.

Dust

The complaints we receive about dust are mainly to do with construction sites [/info/68/pollution/1095/pollution_control_at_construction_sites]. If you think a factory may be generating dust or particulates then please contact us using the details below so an officer can investigate.

Report a dust or odour nuisance problem [/reportdust]

Odour

The Council gets lots of odour complaints every year, about smell from a wide variety of sources, for which there is more specific information below. There are no laws which relate just to odour and no fixed level for causing a nuisance; as with noise and bonfires, odour nuisance can be dealt with under the Environmental Protection Act 1990. [http://www.legislation.gov.uk/ukpga/1990/43/contents]

In order for a smell to be classed as a statutory nuisance, it must be seriously affecting a person's use or enjoyment of their property. To be a nuisance the smell must happen continuously for a period of time and be a frequent problem. The Council cannot take action on smells that only last for a few minutes, don't happen often, or do not affect a person's use or enjoyment of their property. A Council officer will visit people who complain to see if action can be taken. If we believe a nuisance has occurred and may happen again, then a legal notice will be served.

If nuisances continue, then the person responsible may be prosecuted in a magistrates' court, and fined up to £5,000 for domestic offences and an unlimited amount for commercial or industrial offences.

Report a dust or odour nuisance problem online [/reportdust]

Hot food outlets

Most of the complaints we receive about smell are to do with takeaways, restaurants and pubs. We try to control the possibility of odour nuisance from these premises at the planning stage by adding conditions to any permission. This includes making sure premises have suitable extraction and filtration systems and that the fumes are discharged at a suitable height. We do, however still receive complaints about such premises and we try to solve the problem by working with the owners, either informally or through formal legal action if necessary.

Owners of premises who prepare hot food are advised to contact us for specific advice on extraction and filtration systems if they are concerned about odour nuisance.

During the summer months we also receive complaints about odour from bins containing waste food. In hot weather the smell from these bins can be very unpleasant and attract flies and vermin. Owners of takeaways and restaurants are advised to take the following steps during the summer:

• Arrange for bins to be emptied on a more regular basis
• Bag all waste, making sure the bags are tightly tied before being placed in a bin
• Place bin out of direct sunlight
• Keep bin lid closed to prevent flies and animals getting in
• Wash the inside of the bin every week with hot soapy water and/or disinfectant

Factories and petrol stations

As with takeaway and restaurant odour, smell from factories can be dealt with by working responsibly and using the right extraction and filtration equipment.

We cannot take action against premises that hold a permit under the Pollution Prevention & Control Act 1999. This is because the permit will contain a number of conditions on odour control. Each process will have at least one annual inspection to check these conditions are being obeyed.

To see if premises have a permit, please check our online Integrated Pollution Prevention & Control public register [/directory/11/ippc_public_register].

If you have a concern about odour from a premises that holds a permit please contact us.

Muck/sewage sludge spreading

Every spring and autumn we get a number of complaints about the spreading of manure on farmland. Muck spreading is recognised as standard agricultural practice, and as Coventry is surrounded by a great deal of working farmland, such a smell must be expected from time to time. The spreading of pre-treated sewage sludge is perfectly lawful as the sludge is pre treated before spreading and poses no risk to human health.

We will not investigate odour complaints relating to these activities unless the smell is excessive. Farmers are encouraged to use Defra's Codes of Good Agricultural Practice for the Protection of Water, Air and Soil [https://www.gov.uk/government/publications/protecting-our-water-soil-and-air] to minimise odour when muck spreading.

Gas

If you smell gas contact the National Gas Emergency Service on 0800 111 999.

Drains

Drainage maintenance is generally the responsibility of the owner of the property or Severn Trent Water [https://www.stwater.co.uk/] who you should contact for advice.