A JUDGE who went to smell for himself the odour emitted from a factory has rejected an appeal by the firm against council action to curb the smells.

District Judge Earl said he did not believe he could either quash an abatement order from the council, nor amend it.

Dunlop Latex Foam, based in Pannal, Harrogate, had appealed against the abatement notice issued by Harrogate Borough Council.

The council took action after growing complaints about smells coming from the factory which residents said affected their amenity and had prevented them using their gardens or opening windows.

At the end of a three-day hearing, in Harrogate Magistrates' Court, the judge ruled in the council's favour.

The council submitted a claim for costs totalling more than £32,000 but, after studying them, the judge ruled that they must now be agreed between the two parties.

The firm has five months to abate the odour.