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Topic: Re:Re:Re:Odour pollution from restaurant in residential area
Posted by: Steve Taylor
Date/Time: 05/07/15 21:04:00

Environment Protection Act 1990

Councils must look into complaints about smells from industrial, trade and business premises that could be a ‘statutory nuisance’ (covered by the Environmental Protection Act 1990).

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
If they agree that a statutory nuisance is happening, has happened or will happen in the future, councils must serve an abatement notice. This requires whoever’s responsible to stop or restrict the smell. The notice will usually be served on the person responsible but can also be served on the owner or occupier of the premises.

Statutory nuisance laws don’t apply to smells from residential properties.

What can cause nuisance smells
Nuisance smells can be caused by problems with:

agricultural practices like spreading slurry or sludge onto land
sewage handling facilities (including sewage treatment works, sewage pumping stations, sludge treatment centres, and storm water storage tanks)
food processors and commercial kitchens (for example, if the extraction system is poor)
animals, livestock and poultry
slaughter houses, abattoirs and animal by-product rendering plants like pet food factories
paints and solvents from garages or workshops (for example, if vents are poorly positioned)
unplanned spills (for example, from vehicle accidents)
Smells can escape from buildings by:

emissions from a stack or extractor
leaks from the building structure (for example, around poorly sealed doors)


Entire Thread
TopicDate PostedPosted By
Odour pollution from restaurant in residential area02/07/15 18:56:00 Kim Ouzman
   Re:Odour pollution from restaurant in residential area02/07/15 19:28:00 Andy Pease
      Re:Re:Odour pollution from restaurant in residential area02/07/15 20:52:00 Loraine Pemberton
   Re:Odour pollution from restaurant in residential area02/07/15 23:22:00 Louise Cole
      Re:Re:Odour pollution from restaurant in residential area03/07/15 02:02:00 Elizabeth Kovatzis
         Odour pollution.03/07/15 08:39:00 John Todd
            Re:Odour pollution.03/07/15 08:48:00 Andy Pease
               Re:Re:Odour pollution.03/07/15 09:34:00 Loraine Pemberton
                  Re:Re:Re:Odour pollution.03/07/15 09:47:00 James Holmes-Siedle
   Re:Odour pollution from restaurant in residential area04/07/15 08:38:00 Kim Ouzman
      Re:Re:Odour pollution from restaurant in residential area05/07/15 20:54:00 Steve Taylor
         Re:Re:Re:Odour pollution from restaurant in residential area05/07/15 21:04:00 Steve Taylor
         Re:Re:Re:Odour pollution from restaurant in residential area05/07/15 22:05:00 Loraine Pemberton
            Re:Re:Re:Re:Odour pollution from restaurant in residential area05/07/15 23:14:00 bobby osborne
               Re: Trolls05/07/15 23:25:00 Loraine Pemberton

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