Dust, Steam, Smell (Odour) or Other Effluvia Arising on Industrial, Trade or Business Premises
Dust Nuisance
For dust to be considered a nuisance, it must be unreasonable and have a large impact on the use or enjoyment of your home. Most dust issues relate to construction, demolition sites, quarries or other commercial activity. It can create extra problems when soil is dry during the Summer.
Unfortunately, dust is unavoidable and can be difficult to fully control. We can investigate the impact of dust on your property and take action when it is a Statutory Nuisance.
We need to record the following sort of information to establish whether the problem meets the legal test of 'Statutory Nuisance':
- how long it lasts
- how often it happens
- the surrounding environment
- the level and type of dust
In most instances, you will be asked to initially keep a record of when you are affected.
Some commercial processes that cause dust in the air need to have an environmental permit. This is issued either by Council or the Northern Ireland Environment Agency and contains conditions on what can be released. If a permit has been issued, we will pass your complaint to the people who issued the permit.
Dust from building sites may also be controlled by the planning permission that has been granted. Planning conditions are commonly attached to the planning approvals stipulating that dust emissions must be controlled during the construction phase of the development. In these cases, we will pass your complaint to planning enforcement.
Smell/Odour Nuisance
Odour can on occasion arise as a result of commercial, industrial and agricultural activities (e.g. Strong odours from a hot food takeaway caused by a poorly designed or poorly maintained kitchen fume extraction system). An odour can be defined as a smell that is detectable. People have different abilities and tolerances of odours, and as such, Council is faced with the difficult task of establishing whether the odour is bad enough to cause a 'nuisance' or simply causes annoyance.
The following relevant factors are taken into consideration during an investigation:
- Offensiveness of the odour
- Intensity of the odour
- Duration of exposure to the odour
- Frequency of the odour exposure
- Tolerance and expectation of the exposed subjects
There are no specific laws that relate specifically to odour, nor is there a fixed level which constitutes a statutory nuisance. Individual circumstances differ, and each case has to be judged on its own merits. In determining whether an odour causes a statutory nuisance, it has to be proven that the odour:
- Occurs frequently.
- Is unreasonably strong;
- Lasts for long periods at a time
This section applies only to industrial and trade or business premises. The most common types of complaint which can be addressed using this section of the legislation are complaints about dust and odour.