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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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My neighbour has leased land bordering my holiday cottage business

Resolved Question:

My neighbour has leased land bordering my holiday cottage business and home to a free range pig company - the odours and insects are affecting my property and guests are commenting negatively about this - what are my rights under environmental protection?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Have you reported this to the Council at all please?
Customer: replied 1 year ago.

Yes I spoke with them this morning but they said it was not something they could help with

Expert:  Ash replied 1 year ago.
Ok. You need to get a Solicitor to write and ask them to stop. As you say it is something which can be actioned under the Environmental Protection Act 1990.
If they refuse then you can issue proceedings. You would need to complete form N1:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
And N16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The Court will list the matter for hearing and decide whether to make an order preventing them making smells/noise etc.
If the Court makes the Order and they refuse this could be contempt of Court which they can be warned, fined or sent to prison.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Thank you is there any particular article under the Act that I can read about before engaging a solicitor so that I am prepared to instruct them?

Expert:  Ash replied 1 year ago.
Section 79:
79Statutory nuisances and inspections therefor.E+W
(1)[F2Subject to subsections (1A) to (6A) below], the following matters constitute “statutory nuisances” for the purposes of this Part, that is to say—
(a)any premises in such a state as to be prejudicial to health or a nuisance;
(b)smoke emitted from premises so as to be prejudicial to health or a nuisance;
(c)fumes or gases emitted from premises so as to be prejudicial to health or a nuisance;
(d)any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance;
(e)any accumulation or deposit which is prejudicial to health or a nuisance;
(f)any animal kept in such a place or manner as to be prejudicial to health or a nuisance;
[F3(fa)any insects emanating from relevant industrial, trade or business premises and being prejudicial to health or a nuisance;]
[F4(fb)artificial light emitted from premises so as to be prejudicial to health or a nuisance;]
(g)noise emitted from premises so as to be prejudicial to health or a nuisance;
[F5(ga)noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street [F6or in Scotland, road];]
(h)any other matter declared by any enactment to be a statutory nuisance;
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you

Expert:  Ash replied 1 year ago.
Happy to help.
Alex
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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

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