How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

My partner has a croft and has recently installed a birdguard

Customer Question

My partner has a croft and has recently installed a birdguard machine to scare off crows, we have already seen a significant difference. It makes distress signals to frighten crows. Environmental health officer came out on Tuesday and basically told us we had no option but to turn it off after receiving a complaint from a neighbouring house. She came back out yesterday and told us neighbours willing to compromise on condition we make changes which we have done whilst she was still there. She has given us less than 24 hours to see if this is acceptable with neighbours. What we would like to know is shouldn't we given 7 days to make changes and she refuses and makes excuses not to do a meter reading. This is also a crofting area and these birds are doing a lot of damage to livestock feed.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
On what basis did they give you less than 24 hours?
Customer: replied 1 year ago.

She has verally told us, she if possible doesn't want to issue any paperwork. She has showed us no I.D. If problem persists she could serve us an abatement order. She is trying to make out that the noise is a nuisance but we are on crofting land. I stood at the entrance of those making the complaints this morning and I could not here it for the noise of the traffic the main A9.

Expert:  Ash replied 1 year ago.
Thanks. What is it you want to ask me about this please?
Customer: replied 1 year ago.

Basically we want to know what our rights are. Because we are on crofting land can we have this machine running through the day, can she serve an abatement order without measuring the noise level. Do we have the right to 7 days notice to make changes. We have contacted the police and they say there is no reason why we can't have it on. It is turned off during the night. We are losing a lot of money on feed for our cattle are the crows are destroying it.

Expert:  Ash replied 1 year ago.
No they can't. They need to establish its a nuisance and only then issue an abatement notice. They can't say it's a nuisance unless they measure the level.
It's not a criminal matter so don't worry about the police, but they must establish a nuisance before saying its noisy. What about people talking, is that noisy?
See my point? Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Spoken to Environmental Health Officer tonight and she is coming back out to see us on Tuesday. She told us we have wasted our money as she can issue an abatement order without a meter reading. She is not interested in health and safety, welfare of animals or any other aspects of the croft, only noise.

Expert:  Ash replied 1 year ago.
how can they say it's a nuisance or noise then? You should complain to the local government ombudsman. They can consider your complaint and are independent. Their website is www.lgo.org.uk
Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice