AQW 6362/17-22

Mr Andrew Muir
Alliance Party
North Down

Tabled Date: 04/09/2020
Answered On Date: 21/10/2020
Priority Written: Yes

Question:
To ask the Minister of Agriculture, Environment and Rural Affairs what powers his Department has to address malodours in the vicinity of the Kinnegar area, Holywood.

Answer:

The Department deals with policy and legislation on statutory nuisance for Northern Ireland. The laws are enforced by the environmental health units of the district councils.

Article 63 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 defines statutory nuisances. Article 63(1)(d)) includes “Any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance” as a statutory nuisance. This only applies to a smell arising from industrial and trade or business premises. However, other subsections of article 63 could be relevant, depending on the nature/source of the odour. For example, article 63(1)e indicates that ‘any accumulation or deposit which is prejudicial to health or a nuisance’ could constitute a statutory nuisance.

The statutory nuisance regime, as set out in CNEA is enforced by the District Councils. As such, it would be for an officer of the relevant District Council to investigate any complaint made and determine whether or not it constitutes a statutory nuisance, and what, if any action should be taken.