Q&As

Which environmental authorities regulate and enforce odour controls and what powers do they have?

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Published on LexisPSL on 27/05/2021

The following Environment Q&A provides comprehensive and up to date legal information covering:

  • Which environmental authorities regulate and enforce odour controls and what powers do they have?

Which environmental authorities regulate and enforce odour controls and what powers do they have?

The odours emanating from industrial, trade or business premises and which may be prejudicial to health, may constitute a statutory nuisance. The Environmental Protection Act 1990 (EPA 1990), regulates the law concerning statutory nuisance. In particular, EPA 1990, Pt III and Sch 3. EPA 1990 provides a self-contained code, giving local authorities (eg district councils and London and other borough councils) and aggrieved individuals separate avenues of enforcement to abate and prevent statutory nuisances, as well as creating offences inter alia for contravening or failing to comply with those enforcement measures.

Local authorities are under a duty:

  1. to inspect their areas from time to time for any statutory nuisances

  2. where a complaint of a statutory nuisance is made to them by a person living in its area,

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