A Request to Respect The Environment.

“Market Place (behind the town hall & cinema in Folkestone) (below pics) was previously blighted with trade waste bins – the main issue being that once full, seagulls would drag food waste and bags of litter out into the area.

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There were also problems with fly tipping, dog fouling, and anti social behaviour.

Googies and Djangos cafes back directly out on to the square, and the owners got together with a local resident who rents a flat in Market Place, to work out a solution.”  Hawkinge Gazette on Jul 15, 2013

Former Cllr Hugh Barker gave £1,000 from his members grant which enabled them to start the project as well Cllr Emily Arnold’s £1,000 members grant and Cllr Richard Theobald who granted £400, and a bin store was donated by Folkestone Town Council.

“The Community Support Unit granted seed funding of £1,500 at the start of the project.The group then applied to the Council’s High Street Innovation Fund. £7,374 has been awarded, which means further work can now continue.”

So a sum total of £11,274 plus the cost of the bin store. It has been worth it. The physical environment has improved no end. (So a big thank you for that)

However, that said, now Market Place is now being blighted in another way. We would ask the Businesses which back onto Market Place to consider the environmental impact of smell.

Many of the residents who we have spoken to us are tenants on 6 monthly renewable tenancy agreements, so are afraid to say much, as they fear that their tenancy may not be renewed if they make a complaint

From the pictures below

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it is clear the extractor fan from this business is kicking out smell and residue and placing it on the stone slabs in Market Place. There are times when one walks through Market Place and the air is thick with cloud (like a typical Folkstone sea mist) and holds the smell of food, chicken, beef, etc

Residents who live in the area are unable to open their windows due to significant levels of nuisance caused by smells. Now the European Courts have ruled on just such a matter in BRANDUSE v. ROMANIA and have ruled that nuisance smell/s which infringe upon one’s “living space” would allow any complainant to use Article 8 of the Human Rights Act 2000.

Smell constitutes a statutory nuisance. It depends on intensity, frequency, whether it is injurious to health and whether it lingers long enough to affect the reasonable enjoyment of property. Environmental Protection Act 1990

Individuals do also have the right to take private action. They may complain directly to the Magistrates’ Court under Section 82 of the Environmental Protection Act 1990 as amended.

Many Residents we have spoken to all say their “living space” is affected by the smells emanating from the extractor; which come out onto Market Place during the business regular working hours. (The businesses are open for 142 Hrs between them, split 76 Hrs & 56 Hrs respectively. The smell does go on after the businesses have closed). The Residents of Market Place say it affects them so much that they cannot open their windows as their “living space” has been filled with the nuisance smells emanating from the extraction fans which come out onto Market Place.

The residents are NOT complaining, they are REQUESTING that Businesses; which back onto Market Place, take their environmental responsibilities as seriously as the residents and keep All aspects of the environment clean.

They Request that you look into this matter, to see if it can be resolved amicably.

SDC’s environmental health team can be contacted at

environmental.services@shepway.gov.uk

(None of the above constitutes legal advice)

Shepwayvox

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