A judge has defined the threshold for an odour nuisance in a recent case for a claim for damages. Case summary by Dr Michael Bull – Odour Consultant.
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A claim for damages as a result of odour nuisance was recently made by a group of residents near a landfill site in Hertfordshire. The judge had to decide how many odour complaints made an appropriate threshold for a nuisance claim. Taking guidance from a case regarding noise from a racing circuit (not an obvious comparison!) the judge decided that “one complaint day each week” per claimant would amount to a prima facie case for nuisance (i.e. 52 a year). You have to complain a lot to have a decent odour case it seems!
Derrick Barr and others v Biffa Waste services Limited is available here.
