Westmorland and Furness Council has concluded a statutory nuisance investigation into the Omega Proteins plant on Greystoke Road, Penrith and confirmed that NO statutory nuisance has been identified at or from the site.
The investigation was launched following discussions in 2023 between Mr Thomson, of the Fresh Air for Penrith campaign, the Environment Agency, Westmorland and Furness Council, and then Penrith MP Dr Neil Hudson.
At the time, Mr Thomson described the council’s decision to carry out the investigation as a “significant step forward”, adding that only by “pinpointing the specific time, date, weather conditions, and strength of odour” could the authorities properly investigate odour complaints.
A Westmorland and Furness council spokesperson told Penrith.Town News:
“Following a complaint to the council by a member of the public about odour from the Omega Proteins Ltd plant on Greystoke Road, Penrith, the council's Environmental Protection Team has undertaken an investigation to assess the odour and to see if it meets the standard of ‘statutory nuisance’.”
They explained that statutory nuisance has a specific legal meaning:
“Statutory nuisance doesn't just assess whether an odour is present or absent, or whether the resident believes it to be a problem — it is a legal definition. Failure to correctly identify whether an odour meets this legal definition could result in challenge in court if a prosecution is pursued. If the prosecution subsequently failed, this could result in the council incurring significant court costs.”
A statutory nuisance is defined as an activity that materially interferes with a person’s lawful enjoyment of their home or is harmful to health. It goes beyond mere annoyance or awareness of an odour.
Examples include smoke, fumes or gases, odours or dust from industrial premises, noise, light pollution, insects, or accumulations that pose health risks such as rotting waste attracting vermin.
Assessments are carried out by qualified Environmental Health Officers whose odour detection ability must meet prescribed national standards.
According to the council, the investigation process in this case involved the complainant selecting a three-week monitoring period during which a rota of seven Environmental Protection staff was on standby to visit the property and assess odour levels.
“Naturally, the exact details of when this monitoring would take place were not shared with the company being complained about, or with any other agencies, members of the public or staff,” the spokesperson said.
“The council has now come to the end of the monitoring period and can confirm that it has not found a statutory nuisance.”
The council added that while the investigation found no statutory nuisance, this does not prevent the complainant from taking further action, nor does it stop the complainant requesting another assessment if circumstances change in future.
At a public meeting held in Castletown in September, Markus Campbell-Savours MP questioned the effectiveness of the statutory nuisance process.
The Penrith and Solway MP said: “Following my election, I looked at the methodology used in statutory nuisance legislation. I think it will be clear to most residents of Penrith that this was never going to tackle the pong. I believed then, and I believe now, a solution should be found elsewhere.”
Jeff Thomson of the Fresh AIR for Penrith campaign said: "It is evident further work has to be done on the classification and legal definition of what constitutes a statutory nuisance. It may mean new legislation. At the moment, with ongoing legal proceedings, I am unable to comment further, but this has become a national, rather than just a local community, issue."
However Westmorland and Furness Council has confirmed that despite Mr Thomson calling for the council to undertake the Statutory Nuisance investigation and agreeing the set three week monitoring period with the Council who put 24 hour 7 day a week staff cover in place to take the calls from Mr Thomson and carryout visits during the three weeks of the monitoring the council received zero calls regarding odours from Mr Thomson.
Following the council’s investigation concluding and the council confirmation of No Statutory Nuisance from the Omega Proteins Site the Leo Group who operate the Omega Proteins site at Penrith has been approached for comment on the council investigation outcome.
The council said it encourages residents who continue to experience odour they believe originates from the Omega Proteins site are encouraged to contact the company directly on 07976 85743 or via email at PenrithEnvironmental@omegaproteins.co.uk.
They can also contact the Environment Agency, which regulates the site’s Environmental Permit, on 0800 807060 or report online via the agency’s dedicated page: Information about Omega Proteins at Penrith (Environment Agency)
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