Odour nuisance
Link to Tiverton Smell webpage
What is an odour nuisance?
To work out whether smells are a statutory nuisance, councils can consider one or more of the following:
- where the smell is coming from
- Is the odour effecting you in your home
- The number of nearby residents' quality of life is affected, for example, people who avoid using their gardens because of the issue
- how often the smell is present or occurring
- the characteristics of the smell
- the character of the area/location
Assessing smells can be difficult because people respond differently to them.
Councils usually use at least 2 humans ‘sniffers’ to work out:
- the strength of the smell
- how often it’s detectable and for how long
- when it’s recognisable
- its offensiveness
- its character (using descriptions like ‘fruity’ or ‘fishy’)
- How it is affecting you
Wind direction and weather conditions should be considered as this can cause variations in smells.
Councils can also ask people to keep smell diaries, recording their perception of the smell and the effect it has on them. This also helps us to establish the cause of any reported odour if unknown.
Follow the steps below to find out how odour complaints will be investigated in Mid Devon:
If the odour is coming from a Mid Devon District council property, please contact the relevant Neighbourhood Officer in our Housing team who will follow the investigation procedure for our tenants.
If the source is a private premises:
Step 1
Speak to the person causing the odour and ask them whether the odour can be reduced or stopped. Often people aren't even aware that they're causing a problem to someone else.
Step 2
If you cannot find the person responsible to talk to, or talking to the person doesn't help or or you do not feel comfortable approaching the person, please contact the Council's Public Health Service to register the problem.
Please send the following information in an email to health@middevon.gov.uk. Alternatively you can use the contact us form.
- Your name, address and contact details
- Describe the odour problem you are experiencing
- Details about the person / property causing the odour problem
We will then get in contact with you to discuss the odour issue you are experiencing and advise you of the next steps, which can include;
- Completion of a nuisance referral form
- Completion of diary sheets
- The Council writing to the alleged perpetrator to make them aware that a complaint has been made to give them the opportunity to remediate any potential nuisance without any further involvement from the council.
Once all the necessary information has been received, we will review the evidence and decide whether further action is necessary.
This may involve visits from an officer to witness the odour issue directly. This will be to gather further evidence and to establish whether formal action should be taken.
It is important your diary sheets are accurate. If we visit on three separate occasions and a nuisance cannot be detected, the case will be closed and no further action can be taken.
If the council determine there is an odour nuisance, we will consider the most appropriate course of action. This could involve using anti-social behaviour powers, or a noise abatement notice could be served on the person responsible for the noise.
A noise abatement notice is a legal document that requests the recipient to reduce, limit or stop the noise that is causing the problem within a certain time period. Please be aware that an appeal against an abatement notice can be submitted to the Magistrates’ Court, in which case you may be required to give evidence as a witness.
Once a notice is served, it's a criminal offence to continue to cause a ‘statutory nuisance’ after the time period has expired. We can prosecute and/or seize noise making equipment if we witness a breach of the notice.
If you do not wish to involve the Council or we are unable to help with your case, you may choose to take your own action.
If you are the occupier of a premises affected by noise, section 82 of the Environmental Protection Act 1990 allows you to complain directly to a Magistrates Court.