Westmorland and Furness Council have launched a statutory nuisance investigation into odour from the Omega Proteins site in Penrith following complaints from residents into what has become known as the 'Penrith Pong' despite the Environment Agency have previously confirmed that they have identified eight sites in and round Penrith that are linked to odour issues that have over the years become known as the ‘Penrith Pong’.
Councils must investigate complaints about issues that could be a ‘statutory nuisance’ that is covered by the Environmental Protection Act 1990.
Issues that may be classed as a statutory nuisance include noise from premises or from vehicles, equipment or machinery in the street, smoke from premises, smells from industry, trade or business premises (for example, sewage treatment works, factories or restaurants), artificial light from premises, insect infestations from industrial, trade or business premises, accumulation or deposits on premises (for example, piles of rotting rubbish)
For the issue to count as a statutory nuisance it must either be unreasonably and substantially interfere with the use or enjoyment of a home or other premises or injure health or be likely to injure health.
If they agree that a statutory nuisance is happening, has happened or will happen in the future, councils must serve an abatement notice usually on the person responsible.
Steph Cordon, Director of Thriving Communities at Westmorland and Furness Council, said: "We will be undertaking a statutory nuisance investigation into odour from the Omega Proteins site in Penrith following complaints from residents. The Omega Proteins site currently operates under a permit from the Environment Agency.
"The investigation, which we expect to conclude within the next 6 months, will attempt to identify if there are any odour sources on or off-site which are not covered by the Environment Agency permit.
"If a statutory nuisance is identified, the council will take appropriate further action such as serving abatement notices. These notices may include requesting the site to stop the activity or limit it to certain times to avoid causing a nuisance. These notices can include specific actions to reduce the problem.
"Any complaints about odour from the Omega Proteins site should be directed to the Environment Agency, on their 24 hour incident hotline, 0800 80 70 60."
A spokesperson for the Penrith Omega Plants parent company the Leo group Ltd said “Omega Proteins operates within one of the most heavily regulated industries. We have a permit issued by the Environment Agency, which is the regulatory authority for the site.”
“Since its acquisition in 2002, we have been continually investing in the site, making it the most extensively invested rendering plant in the UK, providing a valuable service to the agriculture and meat industry.”
“Multiple odour abatement processes are used on the site, exceeding current BAT (Best Available Techniques) guidance”.
The Omega Proteins site operates under a permit from the Environment Agency which has been in place since 2016 when an effluent treatment works become part of the site. It contains several conditions to deal with the odour from the site.
The Company has recently held a series of community engagement meetings with residents to answer questions and address issues raised by residents.
Those attending were also told about the process and what the company does at the Penrith site including recovering materials that would go to landfill and using the process to create raw material that are used in a range of products including Biofuel including Bio Aviation Fuel used by airlines.
The company also previously operated a community liaison committee that the former Eden Council and Penrith Town Council had representatives on along with residents. Both councils however voted to stop attending and remove its representatives from the liaison committee in 2022.
A resident who has lived in the local area all their life but did not wish to be named having experienced issues with individuals linked to a protest group has said that “the odours we get now are nothing like even 15 or 20 years ago when you could feel it sting your eyes and the air was thick with it.” “We get the odd day with a smell but it’s no different to summer when everyone has a BBQ going in the back garden”.
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