An appellant seeking outline permission for a dwelling adjacent to a sweet factory in west Yorkshire (DCS Number 400-014-654) has enjoyed the taste of success.
An odour assessment undertaken by the appellant reported that barely detectable “delightful” scents were experienced within the site boundary. The factory and the council disputed the findings of the report, however, the factory saying that the odour could be a lot stronger than reported and that strong smells were noticed throughout the town.
The inspector found that the general consensus amongst locals was that the smells were pleasant. In her judgement, therefore, they were not a nuisance. In any event, she reasoned, one more dwelling in the town would not threaten the viability of the factory if so many other residents could smell the sweets too.
The following DCP section is relevant: 8.337