§ Mr. O'BrienTo ask the Secretary of State for the Environment if he will publish the list of offensive trades that are registered with his Department.
§ Mrs. Virginia Bottomley[holding answer 22 December 1988]: Offensive trades are not registered with this Department. Those that require local authority consent under the Public Health Act 1936 are listed in schedule 14 of the Local Government Act 1972. In addition, a local authority by an order under section 107(1)(b)(ii) of the 1936 Act, confirmed by my right hon. Friend the Secretary of State and published in accordance with his directions, may declare any other trade, business or manufacture to be an offensive trade in the whole or part of its district.
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§ Mr. O'BrienTo ask the Secretary of State for the Environment (1) how many premises which carried out offensive trade operations have been closed down since 1974; and if he will make a statement;
(2) how many premises are used for the carrying out of offensive trades and if he will make a statement;
(3) what informaton he has as to how many premises operating offensive trades are in breach of the consents granted to them; and if he will make a statement.
§ Mrs Virginia Bottomley[holding answer 22 December 1988]: This information is not available.
§ Mr. O'BrienTo ask the Secretary of State for the Environment if he will list the statutory powers relating to the control of the emission of smells by ofensive trade operators; and if he will make a statement.
§ Mrs. Virginia Bottomley[holding answer 22 December 1988]: These powers are contained in part III of the Public Health Act 1936 and are as follows:
- (i) Sections 92 to 100 of the 1936 Act enable a local authority to take action for the abatement of smell nuisance caused by offensive trades.
- (ii) Section 107 of that Act requires the consent of the local authority to be obtained to the establishment of an offensive trade.
- (iii) Section 108 of that Act enables a local authority to make byelaws with respect to offensive trades in their district.
A consultation paper published in December 1986 proposed that the provisions mentioned at (ii) and (iii) above should be replaced by a new system under which the establishment of an offensive trade would require the prior consent of the local authority. The consent would include details of the best practicable means to be used for controlling odour nuisance. A further consultation paper published in December 1988 contained a suggested definition of the trades which would require such consent.
§ Mr. O'BrienTo ask the Secretary of State for the Environment what advice he gives to local authorities about prosecution of managers of offensive trade operations.
§ Mrs. Virginia Bottomley[holding answer 22 December 1988]: Departmental circular 43/76 issued on 7 May 1976 gives advice on how to deal with smell nuisance including local authorities' powers of prosecution of offenders under section 100 of the Public Health Act 1936.
§ Mr. O'BrienTo ask the Secretary of State for the Environment if he has issued any guidelines for members of the public to register complaints against existing operators of an offensive trade.
§ Mrs. Virginia Bottomley[holding answer 22 December 1988]: No specific guidance has been issued. The Department's circular No. 43/76 on "Control of Smells From the Animal Waste Processing Industry" advises local authorities to consider the establishment of community liaison committees which will include representatives of residents in the area where there are particular premises which create odour problems.
§ Mr. O'BrienTo ask the Secretary of State for the Environment (1) whether he intends to seek to amend the appropriate legislation relating to offensive trades which are creating smells; and if he will make a statement;
509W(2) under what circumstances he proposes that the requirement of prior consent will apply to people who operate in the offensive trade industry; and if he will make a statement.
§ Mrs. Virginia Bottomley[holding answer 22 December 1988]: In a consultation document issued in December 1986 entitled "Air Pollution Control in Great Britain—Review and Proposals," it was proposed that any person wishing to establish any trade deemed to be an offensive trade will require the prior consent of the local authority.
A further consultation paper published in December 1988 contained a suggested change in the definition of trades which would require such consent. These are trade in which:
- (a) any animal, bird, fish or vegetable matter is processed, stored, or dried through the application of heat, for trade or profit in a manner which is likely to give rise to the evolution of offensive substances or odours, subject to the exclusion of:—
- (i) plants for the manufacture of pet foods;
- (ii) plants for the manufacture of food or drinks for human consumption;
- (iii) activities taking place on a farm not involving the manufacture of a product for sale; or
- (b) the breeding of maggots from putrescible matter is carried out.
§ Mr. O'BrienTo ask the Secretary of State for the Environment how many appeals he has received from owners of offensive trade plants where prior consents have been refused by the inspectorate or a local authority; and if he will make a statement.
§ Mrs. Virginia Bottomley[holding answer 22 December 1988]: None. Appeals where prior consent has been refused by a local authority are made to a magistrates court under section 107(4) of the Public Health Act 1936. Her Majesty's inspectorate of pollution is not involved in issuing prior consents under the present system.
§ Mr. O'BrienTo ask the Secretary of State for the Environment (1) what representations he has received from local authorities about offensive trades asking him to amend the relevant legislation; and if he will make a statement;
(2) what responses he has received to the consultation paper published in December 1986 on the review of air pollution controls in Great Britain, with particular reference to the offensive trades and emission of smells into the air; and if he will make these responses available.
§ Mrs. Virginia Bottomley[holding answer 22 December 1988]: The responses received on these matters, including representations made by local authorities, are summarised in "Air Pollution Control in Great Britain—Follow-up to Consultation Paper issued in December 1986" published by the Department on 15 December 1988. A copy of this document has been placed in the House of Commons Library.