RESIDENTS of Isleworth were given a whiff of victory in their battle against the infamous Mogden smell this week, when the High Court ruled that sewage works are classed as 'premises' under the Environmental Protection Act.

The ruling, which overturns a previous Magistrates Court decision, means that Hounslow Council can now put back abatement notices on Europe's second largest sewage treatment works forcing Thames Water to take necessary action to mitigate'' the stink.

However, due to legal reasons, the council will not be able to take action over the mosquitoes that are still plaguing the area. Controversy still abounds over where the mosquitoes are coming from - Thames Water say the link between the insects and sewage plant remains unproven, but campaigning groups say ''the fact that they just happen to be in the same area as one of Europe's largest stench pits cannot be coincidental''. A study on the mosquitoes is still underway.

The ruling is particularly timely, as the summer months compound both problems, according to residents.

Councillor Ruth Cadbury, Hounslow's Executive Member for Enhancing our Environment, welcomed the news: Residents have been subjected to an unacceptable quality of life as a result of the smell from the sewage works, which is why we took action. We still maintain that the smell from the sewage works caused a statutory nuisance to local residents, and we are determined to do everything we can to improve their quality of life.''

However, Simon Fullalove, of the Mogden Residents Action Group, was more cautious: We would give this a qualified welcome, because we really feel think that Hounlsow council has little chance to enforce the abatemtent notices. Thames Water have been using delaying tactics for months and we believe they will appeal. This could go on indefinitely. We've said all along that sewage works enforcement should be a matter for Central Government - then there would be no messing around.''

Thames Water said they were considering an appeal. They have 28 days to decide, and can go straight to the House of Lords.

May 29, 2003 16:00