Westmorland and Furness Council has confirmed that its investigation is still ongoing into whether odour from sources — including the Penrith Omega Proteins plant — constitutes a “statutory nuisance”.
In March last year, it was reported that the investigation had been launched.
A council spokesman said: “We can confirm that the council does have an open investigation about a complaint of odour from a local business being a statutory nuisance, and has recently taken additional expert legal advice on the matter.
“We can assure the public that this investigation continues to be a priority for Westmorland and Furness Council, and a number of officers are being tasked with its progression. Statutory nuisance investigations are a legal process, so the council is not able to put updates in the public domain until it is complete, to do so could prejudice the outcome of the case.
“While we understand concerns about the investigation timeframe, statutory nuisance investigations vary in length, usually dependent upon the complexity of the case.
“This is a complex case involving a number of agencies and it is essential that a thorough investigation is carried out to allow robust evidence to be gathered in the event it is decided to pursue enforcement action. The statutory nuisance regime requires clear evidence of either prejudice to health or a nuisance, and we must ensure our investigation meets these legal requirements. Failing to follow due process in an investigation and not allowing the time to gather clear evidence in a robust way, by unduly rushing to a conclusion, could seriously undermine any potential future enforcement case.”
