Offensive trades

Last Updated: 28 Feb 2019

Under section 107 of the Public Health Act 1936, prior consent from a local authority is required for the establishment of certain trades likely to give rise to environmental problems, in addition to any planning permission that may be required. A number of categories of trade are specified in the Act, and a local authority may by order of the Secretary of State declare further trades to be offensive for the purposes of this section.

In Epping Forest District Council v Essex Rendering Ltd ((1983) 1 All ER 359), a company had been carrying on six such offensive trades, including fat extraction and bone and blood boiling, for a number of years quite openly, to the knowledge of the local authority, and under the supervision of their environmental health officers. But in 1981 the local authority served notices on the company requiring discontinuance of the trades on the ground

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