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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10411
Experience:  Barrister 17 years experience
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We bought a Grade 2 listed house on a country road with grass

Resolved Question:

We bought a Grade 2 listed house on a country road with grass verge last August. In the last 6 months, a farm has been allowed to set up a "slurry lake" which is constantly being filled and today we had around 80 x 44 tonne lorries going past our house to bring and deliver contents to the slurry lake. The vehicles are huge and means that other cars cannot pass them- they are visually intrusive and they make our 1710 Georgian house shake. The company are licenced by the council to run the slurry lake as it is recycling food waste- our road has a limit to vehicles of 7.5 tonnes but because the farm in question would always have had vehicle traffic- we are told that means the 44 tonne vehicles are exempt from the 7.5 tonne limit. We are paying to have a vibration survey done tomorrow-we have written and argued with the site operators and we have written to our local councillors. Do we have any legal redress?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****, you can seek an injunction based on the law of nuisance if you show that this constant stream of lorries and vibrations damages the amenity and use of your property. From what you say, there is a nuisance occurring. Having 44 tonne lorries going up and down with slurry in them is not the usual use of a farm road. Getting the vibration level tested is a good idea as this will be important evidence in any application. Essentially, you would seek an injunction to put a stop to the movement of the lorries based on the law of nuisance. This application would be based on affidavit (sworn testimony) and would include evidence from whatever expert you used to test the vibrations. Also evidence would be tendered about the number of lorries and their noise level. Be aware that a certain level of traffic will be permissible. You have to show that the level of traffic, dust noise and vibrations damages the enjoyment of your property.
Expert:  Buachaill replied 1 year ago.
2. I would advise you to get yourself a solicitor and get them to make arrangements to issue legal proceedings to stop the lorries accessing this slurry lake on a regular basis. You will probably hire a barrister as well to draft proceedings and to lead the case in court.
Expert:  Buachaill replied 1 year ago.
3. Please Rate the Answer as unless you Rate the Answer your Expert does not get paid for answering your Question.
Customer: replied 1 year ago.
Thank you-how about the fact that they are operating under a licence of permitted use for the slurry lagoon ( it's the council who has granted this licence as its their waste that's being recycled and turned into fertiliser)
Customer: replied 1 year ago.
When I rang them they said as its a farm/agricultural permitted activity-they can basically do what they want to get the slurry in and out at peak times when it's required for spreading on fields
Expert:  Buachaill replied 1 year ago.
4. A licence only legalises the slurry lake. It does not legalise any nuisance caused by the lorries coming and going. They are two different things. Secondly, it is not true to say they can do what they want. That ignores the law. So you can insist on your rights and get an injunction if you wish.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10411
Experience: Barrister 17 years experience
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