Have you referred it back to the council again?
How many people/houses are affected?
Yes, and they have carried out tests which have all proven to be positive in both noise and odour, but have now allowed this unit to operate again without giving us the reassurancer that these emissions are not harmful. There are several houses involved and around 15 people (there will be more once the unit is running fully) and we now feel we have gone full circle with the whole thing and that the Council just want it to go away. We understand that this must be done through due process, but there has been no transparency insofar as the results of the noise and odour tests have not be made available to us.
We now need to know if we have a legal case so that we can elevate this issue further.
Yes, you have a legal case.
How many people will contribute to legal action?
We have all now come to the opinion that we need to take legal action to get this operation either abated to a reasonable level or closed down so I believe we are probably looking at around 10 people. However, we are just taking advice at this stage as we have legal cover with our household insurance and, of course, they will appoint their own legal people. OUr lives at the moment are so restricted as we have to stay indoors with our doors and windows tightly shut against the nuisance and the Council seem to be dragging their heels so we need to be more bullish in our responses to them and know that we can threaten legal action.
The reason I ask aboutnumbers is because not all insurance will cover this so check first. You mayend up funding it privately. £1000 each from 10 people is £10k
It doesn't matter if thesmell is harmful or not. Many obnoxious smells(sewage , pig farm, cow poo, etc)are not necessarily dangerous, but that doesn't make it pleasant or not anuisance.
You collectively have a claimin Public Nuisance . If only one was affected, then it is private nuisance.
I would firstly tell the EnvH Dept at council that unless they get this sorted you will complain to the LocalGovernment Ombudsman and secondly write to the co and tell them that if itcontinues you will apply to court for an injunction and legal and court coststo make them stop until they remedy the problem.
The letters are better fromsolicitors
Does that answer the question?I am happy to answer specific points.
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