The South Hams is a rural area with a variety of farms, some of which need to fertilize thier land. The spreading of manure and bio-solids are reasonable alternatives to inorganic fertilizers.

The alternatives to spreading are landfill, disposing at sea or incineration. These options are less environmentally sound or are more expensive.

Land can be fertilized in a number of ways, through inorganic fertilizers such as chemical nitrogen or organic fertilizers such as sewage sludge (biosolids), cow, chicken and pig manure. Each of these methods have their advantages and disadvantages for the farmer, the local residents and the environment. Depending on the circumstances of the farm a farmer will choose different types of manure. For example if it is an organic farm they cannot use chemical nitrogen or sewage sludge.

This means that on occasions (usually Autumn and Spring), odours will be smelt around the area, which may affect roads as people pass through or villages and peoples' homes where they live and work.

As long as the odour is relatively short lived – time enough for the farmer to plough in the manure – and the farmer has followed the relevant codes of practice the Council is unlikely to consider that the odour is a Statutory Nuisance.

When receiving complaints about spreading of sludge the Council needs to be able to prove a Statutory Nuisance. A Statutory Nuisance is more than an annoying situation or inconsiderate actions. The farmer would have to be shown to have carried out the spreading activity unreasonably and that it had or was having a material impact on residents or a business. For example, spread on grassland near to residential  properties, with no intention of ploughing in. If the odour is only causing a problem to passing motorists/pedestrians it is unlikely that it would be a Statutory Nuisance.

When investigating we would make at least one visit to the area and properties where people are being affected, this may need to be over a few days in order to have sufficient officer evidence to support any decision on whether the state of affairs is causing a Statutory Nuisance. In addition we would look to residents to provides witness statements that would support any appeal of the notice by the farmer or subsequent prosecution.

Once a Statutory Nuisance is proven the Council must serve a notice which requires the nuisance to be stopped. This does not necessarily mean that the odour will immediately disappear. We would have to allow the farmer a reasonable time to either move the store or to plough in the material. If the farmer fails to do this the Council must prove that a Statutory Nuisance is still occurring and then it needs to decide if we are going to prosecute for breach of the notice. It is then for the courts to decide, if a Statutory Nuisance exists and then the penalty (up to £20,000 fine).

The notice is therefore quite limited in its powers to deal with one off incidents, however it would be effective where a farmer repeatedly caused ongoing odour problems to residents.

Health effects

Apart from the nauseous feeling some people might experience because of the smell, unless you come into physical contact (or drink contaminated water from a private water supply) with the sludge/manure you will not contract any disease.  The Miasma theory - bad odours causing ill-health has been replaced by the Germ Theory of Disease.

There is some research from other countries on the internet which has made a link between sewage sludge spreading and ill health. DEFRA have looked at this risk in the following report  and have decided that as long as codes of practice and legislation are followed the risk is neglible.