Under the statutory nuisance legislation we can only investigate odours coming from trade or business premises.
We cannot:
- act on complaints about odours from people's homes. For example, cooking or general household smells including the odour caused by smoking cannabis. Complaints on the use of cannabis can be reported to Essex Police
- act on normal levels of smoke produced by BBQs
- Burning of trade waste should be reported to the Environment Agency 24-hour pollution hotline on 0800 80 70 60.
- If your complaint relates to sewage works, or odour from the public sewer system, contact Anglian Water or call 03457 145 145.
- If your complaint refers to the Bellhouse landfill site in Warren Lane, Stanway, it is licensed and regulated by the Environment Agency and any odour should be reported to their 24-hour pollution hotline on 0800 80 70 60.
Before making a formal complaint
Try to discuss the problem with your neighbour. They may be unaware that they are causing a disturbance.
If you do not:
- get a positive response
- feel comfortable speaking to your neighbour or the problem persists and is regular,
you can report it to us.
We will only investigate problems that are a statutory nuisance.
You cannot make an anonymous report to us. We will not share your name or contact details with the person or business you are reporting.
We will only investigate bonfires that breach our bonfire code of practice.
We will carry out an investigation and take action where possible. If we cannot take action, you may be able to take legal action yourself.
Report a smoke, odour or fume problem
How smoke complaints are assessed
We can investigate complaints about smoke from premises that could be a statutory nuisance.
The Environmental Protection Act 1990 allows us to take action against smoke problems that do one of the following:
- unreasonably and substantially interfere with the use or enjoyment of your home or other premises
- injure health or be likely to injure health
This can include smoke from chimneys, wood burning stoves and industrial premises.
How we assess a smoke complaint
We decide whether complaints are a statutory nuisance by considering:
- the amount of smoke
- how often it happens and for how long
- how unreasonable the activity is (for example, smoke from an everyday activity like cooking is unlikely to be a statutory nuisance)
Smoke coming from a business or industrial premise
It is an offence to emit dark smoke from industrial or trade premises. This includes any premises being used for a trade such as a house where work is being done.
Businesses are not allowed to burn any commercial waste and must dispose of waste legally.
How odour, fumes and gas complaints are assessed
We can investigate complaints about smells from premises that could be a statutory nuisance.
The Environmental Protection Act 1990 allows us to take action against odour problems that 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
What can cause nuisance smells
Nuisance smells can be caused by problems with:
- agricultural activities like spreading manure or slurry onto land (if they last beyond a reasonable amount of time)
- sewage handling facilities
- food businesses and commercial kitchens, for example, cooking smells
- animals, livestock and poultry
- abattoirs, slaughterhouses and building that handle animal by-products like pet food factories
- paints and solvents from garages or workshops
- smells from people's homes that are caused by an accumulation of rubbish or another smelly substance
We cannot take action on complaints about odours from people's homes, for example, cooking or general household smells including the odour caused by smoking cannabis.
Complaints on the use of cannabis can be reported to Essex Police.
If your complaint relates to the Sewage Treatment Works, as well as completing the reporting form, you should contact Anglian Water (03457 145 145) who maybe able to investigate and take immediate action.
What happens next
When you make a complaint, we will contact the business or person responsible to investigate the problem.
We will consider things such as the time of day, frequency and duration of incidents, locality and the reasonableness of the activity causing the problem.
Businesses have a legal defence of 'best practicable means'. This means that they can appeal a legal notice made against them if they can show they have taken all reasonable steps to avoid causing the nuisance.
If we find that the problem is a statutory nuisance, an abatement notice can be served to the person or business responsible. Anyone who continues to break the law can be fined.