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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25486
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a neighbour who has a gardening business and two ponies

Resolved Question:

I have a neighbour who has a gardening business and two ponies next to my property, he has a muck pile with horse droppings and he puts grass cuttings on the muck pile, this has been there for more than two years, it has come to the point where I can not sit in my garden because of the awful smell.
Can I insist he take it away on a regular basis ?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I initially clarify whether he has planning permission to use the land as a gardening business please?

Customer:

His father whose land it is on was a market gardener but retired from that and now works for his son with the gardening business, to complicate matters half of the land belongs to my husband. the son works from two container units at the rear of my garden

Joshua :

Thanks. I mention this as an aside but you may wish to check with the loccal authority to ensure that the land has the necessary planning use for the activities they are carrying out. If the land is residential land then business use would require a planning applicatino for change of use unless the use is ancillary to the main use of the land as residential. If it is in breach of planning then the enforcement officer can serve an enforcement notice against the owner and require them to cease and desist business activities.

Joshua :

However notwithstanding the above if you can demonstrate the neighbours actions are substantively interfering with your enjoyment of your property you have the basis of an action for statutory nuisance against the neighbour. You can either ask the local authority through its environmental services team to serve an abatement notice on your neighbour ordering them to remove the items away from your boundary or you can seek application to the County Court yourself in this respect.

Joshua :

In either event, you will need to produce evidence of the issue you complain of, for example by way of photographs, a statement setting out the issue or issues the same is causing you. the local authority officer will advise you the evidence he requires in order to bring an action himself. Alternatively, you can seek an injunction through the County Court for which again you will need to produce evidence in the form of photographs and a statement to go along with your application.

Joshua :

If you decide to do with the matter yourself through the County Courts, you will need to consider first serving a notice on your neighbour of the statutory nuisance they are causing and ask them to remove the items within say five days notice failing which you reserve your right to apply for an injunction together with costs the County Court for statutory nuisance together with damages for loss of amenity of your land for the period in question

Joshua :

in order to do so, you will need to complete form N16A

Joshua :

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=402

Joshua :

There is case law on the subject of smell causing a nuisance:Salford CC v McNally [1976] AC 379. It was decided that there must be interference with a persons personal comfort. The standard is an objective one whereby where a particularly sensitive victim experiences a significant interference in his personal comfort which an average person would not, there can be no statutory nuisance. It must appear to cause a nuisance to the average persons comfort.

Joshua :

Is there anything above I can clarify for you?

Customer:

Many thanks, XXXXX XXXXX to discuss this with my husband first

Joshua :

If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though.

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