It has emerged that Cheshire West and Chester Council dropped its case against a perfume and fragrance manufacturer alleged to have been creating ‘odour amounting to a nuisance’ after the company appealed.
So it is impossible to know whether Ungerer undertook further mitigation measures or whether the council simply backed off.
Cllr Karen Shore, cabinet member for environment, said: “We are pleased that following extensive and detailed discussions it has been possible for Ungerer and Cheshire West and Chester Council to agree terms which allow Ungerer to discontinue its appeal and the council to withdraw the odour abatement notice.”
Ungerer makes chemicals used in household, toiletry and other consumer products.
CWaC launched an investigation following complaints from residents who claimed to be bothered by 'fragrant' emissions.
And after an ‘extensive assessment’ from an independent expert, the council served an odour abatement notice on Ungerer, an international company, requiring the firm to take action within four months – by October 17, 2015.
The council had argued ‘the best practicable means have not yet been taken’ but Ungerer felt unfairly targeted having already made 'extensive efforts' to resolve the issue.
This had included the cessation of the production of liquid reaction flavours on site and the introduction of an air extraction system to aid the dilution and dispersion of odours from the flavours laboratory.
In summer of 2012, the company installed an odour abatement system to its powder blending facility and the following year expel-air fans serving the laboratory were fitted with timing switches to prevent accidental operation when the premises were closed.
An activated carbon odour abatement system was installed in the fragrance building and a similar system also installed within the quality control laboratory to serve the oven.
An Ungerer spokesman said at the time the odour abatement notice was served: “Whilst we are pleased the council have acknowledged the extensive efforts Ungerer has made to comply with the requests made of us over the past two years, we are dismayed and bemused that the council has taken the decision to issue an abatement notice.
“The council’s comprehensive investigations of Ungerer in both 2013 and again in 2014 concluded that our company presented no statutory nuisance. Ungerer has not received any notification of complaints from residents about odours for almost a year.”
He added: “The council’s justification for the abatement notice is apparently based on their recent findings but despite repeated requests they have refused to share that information with us.
“Their latest findings, we assume, must contradict the results of their previous investigations and also contradict the findings of an independent odour expert who recently conducted an audit of Ungerer’s operations.”