§ Mr. Gordon PrenticeTo ask the Secretary of State for Environment, Food and Rural Affairs what advice and guidance she has issued to local authorities concerning the exercise of their powers to control remissions into the atmosphere of noxious smells. [46204]
§ Mr. MeacherLocal authorities have powers to control smells which are a statutory nuisance under Part III of the Environmental Protection Act 1990. No guidance has been issued to authorities in relation to these powers.
Local authorities also regulate smells as part of their responsibilities under Part I of the Environmental Protection Act 1990 to control air pollution from a range of industrial processes (Local Air Pollution Control). The Government issue a series of statutory guidance notes for local authorities on what constitute the Best Available Techniques Not Entailing Excessive Cost for minimising air emissions from a range of industrial processes. Odour is addressed in these guidance notes where appropriate. The notes are all published and are listed on my Department's website http://www.defra.gov.uk/environment/airquality/lapc/default.htm. A programme to review all the guidance notes is under way, and draft revisions can be found either on the DEFRA website or on the Environment Agency's website (www.environment-agency.gov.uldbusiness/lapc/ ?version=l), depending on the stage of progress.
An additional guidance note was issued to local authorities by my Department in January this year reminding them that their responsibilities under Part I of the 1990 Act included the control of air emissions which may not cause a local nuisance.