The Environmental Protection
Team investigates complaints of smoke and odour under the nuisance
provisions of the Environmental Protection Act 1990. Under
the legislation odour from domestic premises cannot be a statutory
nuisance, we therefore investigate to find out the problem with the
source of the odour.
You can contact the Environmental Protection Team if you are being
bothered by smoke or odour. The investigating officer shall try and
visit you at the time you are experiencing the problem but if this
is not possible they shall contact you either in writing, visiting
or by telephone.
Smoke and odour can arise from a number of activities. It may be
from someone burning a bonfire in their garden or a farmer putting
manure on their land. If a problem is witnessed by the
investigating officer at the time of their visit they may approach
the person responsible in an attempt to resolve the complaint. A
follow up letter shall be sent to the person providing them with
advice on how to control smoke or smells from their
activities.
There is guidance available to certain businesses on controlling
smells and smoke, for example muck spreading by farmers, and the
officer refers to this when investigating complaints.
Abatement notices are served if smoke or smell from premises is
witnessed as causing a statutory nuisance. It is an offence for the
recipient of a notice to breach its conditions.
In addition to nuisance the Environmental Protection Team
investigates complaints of dark smoke under the Clean Air Act 1993.
Under this Act it is an offence for dark smoke to be emitted from a
chimney of any building, including domestic premises. It is also an
offence for dark smoke to be emitted from industrial or trade
premises. If you are being bothered by smoke arsing from the
burning of waste on commercial premises then you
should also consider contacting the
Environment Agency on 08708 506506 as they
govern the manner in which waste is disposed of from such
premises.
Contact Us
For more information please contact the
Environmental Protection Team on:
Tel: 01638 719733 Fax: 01638 719357
Email:
enviroprotection@forest-heath.gov.uk
Post: Environmental Services, District Offices, College Heath
Road, Mildenhall, Suffolk, IP28 7EY
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