James Carter and Sarah Holden, together with other households near an industrial plant in Birmingham who required advice from environmental law solicitors in Birmingham, instructed Aldwych Legal after persistent fumes, dust and late-night machinery noise interfered with daily life. The matter raised environmental, civil and local government law issues and required action against both the operator and the council.
What Happened
Residents first noticed odours and visible dust settling on cars and garden furniture in late 2023. Reports of intrusive noise at night followed, disrupting sleep and wellbeing.
Local residents approached the plant operator directly but felt their concerns were dismissed. Environmental Health made an initial visit in early 2024 but took no decisive action, so affected households asked Aldwych Legal to pursue a formal remedy.
Legal Issues
- Whether emissions constituted a statutory nuisance under the Environmental Protection Act 1990 (air quality, dust and noise).
- The council’s statutory duties to investigate and, where appropriate, serve abatement notices and enforce pollution controls.
- Civil claims for loss of amenity, interference with daily life and related damages.
- Potential public law challenge if the local authority failed to fulfil its investigatory and enforcement duties.
Our Approach
Aldwych Legal gathered contemporaneous evidence from clients, including diaries, odour logs, photographs and short video clips. We instructed acoustic and particulate experts to obtain objective noise readings and particle analysis.
We complied with Civil Procedure Rules pre-action practice and sent robust pre-action letters to both the council and the operator, requesting operational records, emission monitoring data and maintenance logs. Where appropriate we proposed mediation to seek a timely, proportionate resolution without issuing proceedings.
Outcome
Following our intervention the council reopened its investigation, formally recognising the problem as a statutory nuisance and issuing steps to be taken by the operator. The plant operator agreed to upgrade filtration systems, alter shift patterns to reduce night-time activity and improve external noise insulation.
Through negotiation and mediation the residents secured a financial settlement covering disturbance and cleaning expenses, together with an agreed timetable for remedial works and ongoing monitoring.
Result / Why It Matters
This case demonstrates Aldwych Legal’s ability to combine environmental, civil and public law expertise to secure practical outcomes: remediation of pollution sources, compensation for residents and enforceable measures to protect local communities.
