One of the UK’s biggest dairy firms could face a fine of up to £40,000 following complaints about noise from its plant in Cowdenbeath.
Fife Council is making a submission to the procurator fiscal regarding a possible prosecution following issues at the Graham’s The Family Dairy site.
It follows two statutory notices relating to noise nuisance from the plant at Glenfield Industrial Estate.
In a letter to Green MSP Mark Ruskell, the council’s head of protective services Nigel Kerr said there was no guarantee the noise, which residents say prevents them from sleeping at nights, would stop.
“The potential outcome from this legal process is a fine (plus daily fines where non-compliance continues),” said Mr Kerr.
“However, the courts cannot require that the noise nuisance is abated.”
According to the letter, statutory notices served in 2019 were complied with.
However, it says Graham’s has failed to address notices served last year.
Low frequency noise was said be a “particular issue” in the area.
One resident said Graham’s was putting “profit before public health” and described the impact of low level noise on residents as “debilitating”.
He said noise from Glenfield had been an issue for the past three years.
“Lack of sleep obviously causes potential health issues and mental health issues,” he said.
“One main health issue from such noise is headaches, which residents here are suffering on a nightly basis.”
Local Labour councillor Alex Campbell said the problems were not going away.
“There are now more and more people coming forward, which would indicate the problem is getting worse,” he said.
“We’ve now got people from Perth Road coming forward.
“Every day I’m getting numerous e-mails regarding the noise and it always seems to be during the night. It has to stop.”
Mr Ruskell MSP said the letter from the council “confirms what local residents have been saying for several years”.
He added: “After repeated attempts to stop the noise pollution, Fife Council have been left with no choice but to escalate the statutory action to the prosecutor fiscal.
“However, there remains a concern that this could simply result in a fine and not actually address the root cause of the problem noise. First and foremost people want a good night’s sleep in their own homes, and this is the least they deserve.”
He added: “This isn’t a case of jobs versus environmental protections. All companies have a moral and legal obligation to operate in compliance with the law and ensure they are good neighbours.
“I’ve invited Robert Graham to meet with myself and local residents so he can hear first hand the impact this site is having on their lives.”
Mr Kerr confirmed the council is progressing a report to the procurator fiscal but said he hoped matters could still be resolved through discussion and co-operation.
He added: “If convicted, the maximum fine could be up to £40,000.
“The onus is now on Graham’s Dairies to resolve these noise issues as soon as possible.”
Graham’s did not respond to a request for comment.