THE High Court has granted an order to stop the smell nuisance caused by Paul Yarworth's animal carcass storage operation at Orchard Court, Newnham-on-Severn.
The move follows an application from the Forest of Dean District Council.
The order was granted by Judge Rainey QC against Paul Yarworth at a hearing held at the Bristol Courts.
The council's environmental health officers presented evidence showing nearby residents had been suffering the smells since 2003.
When this worsened in 2006, the council served an odour abatement notice on Mr Yarworth, banning him from causing the nuisance. Despite successfully prosecuting him for not complying with the notice in 2007, Mr Yarworth increased the nuisance, and operated illegally without the required pollution permits and planning permissions, the court heard.
Mr Recorder Rainey QC said to Mr Yarworth: "The evidence against you is very strong and the council has a duty to protect the interests of the local residents.
"The council is in a difficult position as it tries to strike a balance between local people asking what can be done about the smell and you, on the other hand, saying you are trying to run a business."
He went on to add that Mr Yarworth should not feel he has been treated unjustly as it would be impossible for residents to go on living "with that degree of smell".





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