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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Regarding farmers (again)! If a farmer has an Exemption from

Resolved Question:

Regarding farmers (again)!
If a farmer has an Exemption from The EA to dump waste in a field but exceeds his allowable quantity by a dramatic amount and the EA will not take action against him what recourse do I have to sort out this propblem.
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

Thats OK.


Will check again tomorrow 25th April.

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

What loss have you suffered, if any please?

Customer: replied 3 years ago.

Loss of the right to enjoy my house and garden due to the continued dumping of manure within 50m of my front door.


Despite having a T23 Exemption which allows placement of waste (20Tonnes) on the farm totally unrestricted in terms of location, but which should not affect residents in terms of creating a nuisance, the farmer has exceeded his allowable quota by a factor of perhaps 10 and failed to mix in green waste in the ratio of 1-4 as specified.


 


Environment Agency does not seem interested despite this being flagged up as an issue 6 years ago, and granted the T23 Exemption in September 2013 without reference to residents concerns, without even any consultation with the residents, and seemingly unconcerned with this continued antisocial practice.

Expert:  Ash replied 3 years ago.
Ok, but how is this more if a nuisance than if it were permitted?

What is the actual nuisance caused?

Customer: replied 3 years ago.

What is the point of applying for an Exemption to allow a particular small event to happen and then blatantly exceeding the allowance.


The whole point of Exemption is to allow a minimal operation to proceed and avoid Waste Management Regulations being applied which are much more onerous and may not be approved.


Where are the controls?


To your first question the answer is a matter of scale - imagine this as a building development needing planning permission.


To the second it is the nuisance of the operation, smells, pollution by effluent via ditches draining the area, flies, rat infestations etc that are attendant to such operations and immediately by my house.


And the irritation of deliberate flouting of the exemption being accepted as OK by the EA as not worthy of the effort needed to control it.

Expert:  Ash replied 3 years ago.
Forgive me but I need to understand what nuisance is there now that would not be there had the farmer complied?

Customer: replied 3 years ago.

It is a matter of scale or magnification of these by the increase in quantity of the material being dumped.


Small scale, small nuisance, exemption from waste regulations.


Large scale, large nuisance, waste regulations bypassed.


What are regulations for if not to be obeyed?


Why issue exemptions if they have no relevance and why would apply for waste management permissions if they can be avoided by a lie?


Is this so difficult to understand? EA seem embarrassed about it.


 

Expert:  Ash replied 3 years ago.
You can't make the Environment Agency take action sadly. It is a matter for them.

But you can complain to your MP. They are elected member and can investigate the matter for you.

If that does not resolve it you could consider a Judicial Review. This is where a Judge of the High Court examines the EA decision and decides whether they have acted legally and reasonably.

A Judge can agree with the decision or remit it back for further consideration. You would need a Solicitor as there are Court rules to follow.

But these are the two steps you can follow.

Can I clarify anything for you about this today please?

Alex

Expert:  Ash replied 3 years ago.
I see you have left a NEGATIVE rating despite me giving you the legal answer.

What else is it you would like to know?

Customer: replied 3 years ago.

Nothing else.


You finally understood the nature of the nuisance and complaint.


I will take up the matter with my MP as suggested.

Expert:  Ash replied 3 years ago.
Yes. As I have given you the legal answer, I would ask you to re-consider the feedback.

Remember you are not giving feedback whether it was the answer you want, but my legal answer itself.

Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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