Nigel Gibson is a dust and odour specialist and has over 30 years' experience in environmental regulation and environmental consultancy linked to nuisance evaluation. He is an expert in air pollutant measurement, assessment and developing strategies for evaluating statutory nuisance through Best Practicable Means or offense to the senses, through Best Available Techniques. He provides expert support under land-use planning, nuisance evaluation and environmental permitting frameworks.
EXPERT WITNESS EXPERIENCE
Nigel has been an expert witness since 1995, applying his practical experience in odour and dust assessments and control to a range of commercial disputes and planning, civil appeals, nuisance claims and criminal proceedings. Nigel has reviewed evidence and written clear and well-reasoned expert reports in accordance with Criminal and Civil Procedure Rules.
Nigel has acted as expert witness on matters relating to odour/dust impact and control of emissions from a range of sectors, including agriculture; waste management (composting, landfilling), food manufacture, wastewater treatment, industrial activities (rendering, foundries, food manufacture etc) and commercial kitchens.
Nigel has acted a Joint Expert to the Court on several matters including management and maintenance of abatement plant, and on operational practices linked to emission generation.
His expert witness experience includes provision of expertise on various matters in relation to controversial expansion plans and impact of emissions. Several cases have involved analysis of evidence in relation to breaches of permit conditions relating to odour and breaches of abatement notices.
Nigel has also given evidence in Court under cross examination on several occasions where his evidence has been demonstrated to be robust under intense scrutiny.
SUMMARY OF TECHNICAL EXPERIENCE
Nigel’s technical expertise is underpinned by his in depth and broad experience of odour sampling and analysis of odour. He manages a UKAS accredited odour laboratory which offers a detailed insight into the nature and extent of odour being generated.
Nigel provides training in odour evaluation for site operators as part of their compliance checks and to Local Authority investigators as part of their evidence gathering protocols. Nigel also provides training to Local Authority regulators on odour and dust emissions monitoring and assessment and permit compliance evaluation.
Nigel provides expert advice on pollution management strategies required to avoid causing harm to the amenity or offence. This expertise is applied to:
• Develop control strategies for new plants to meet land-use planning obligations.
• Assess and audit control strategies to determine whether they are likely to avoid nuisance and meet the standard of ‘Best Practicable Means’.
• Develop or evaluate control strategies for prescribed processes to meet the standard of ‘Best Available Techniques’.
Nigel has developed technical guidance on:
• Dust management for extractive industries.
• Odour assessment for intensive pig rearing.
• Odour control for the animal by-product rendering.
• Odour and noise control for commercial kitchens.
• Expert witness at public inquiry and other forums
• Odour and dust dispersion modelling and monitoring
• Odour and dust impact assessment
• Odour and dust management
• Industrial permitting
EXAMPLE EXPERT WITNESS EXPERIENCE
Hugh James for various private nuisance claims in support of group litigation (2013- 2021) Expert Opinions provided to demonstrate whether or not there would be an actionable nuisance. The Opinion invariably considered causation. Claims related to odour emissions from landfills, rendering plants, foundries, sewage treatment works, and dust emissions from foundries and wood processing.
Newcastle-under-Lyme Council (2021) Expert Opinion on odours measurement in relation to emissions from a landfill site.
Aaron Partners (2021) Expert Report on the odour impact of intensive pig farming on adjacent residential property.
Clyde & Co (2019) Expert Report on odour management required on a food waste processing site in response to an enforcement notice served by the Environment Agency.
Mayer Brown International LLP for a confidential client (2018) Expert Opinion in the matter of the performance of odour control systems against contractual obligations.
Dyne Solicitors (2017) Expert Opinion on odour management required on a fragrance compounding facility to comply with BPM.
Single joint expert in the case of Fick v Rahman (2016). Expert Opinion was provided to the Court in relation to the design and operation of an odour control system serving an Indian takeaway.
Single joint export in the case of Purified Air Ltd v Mr Hassan T/A Gourmet Burger Co (2016). Expert Opinion was provided to the Court in relation to the design and operation of an electrostatic precipitator for grease removal from the commercial kitchen.
North West Leicestershire District Council (2016) Expert Opinion with respect to BPM for dealing with the storage of odorous vegetable waste in a lagoon. The work involved providing Expert Evidence in support of an Abatement Notice and to support an application for an emergency injunction.