The Environmental Agency may be able to do something about this depending on the level of the smell. If the smell was there when you moved into the property that you do not have a claim in nuisance because you came to the nuisance rather than nuisance coming to you afterwards. You would have a claim if the smell was worse now than it was when you moved in but it’s very difficult to prove that something like the smell is worse now than it was before. The Environmental agency do have the powers to compel the farm to reduce the smell if it believes that it is above an acceptable level.
Unfortunately, the neighbouring land can remove evergreen trees completely if they wish without any recourse by you or the local authority because evergreen trees are not subject to any tree preservation order. In fact, on the contrary, if the local authority believe these trees are nuisance, the owner can be compelled to cut them down to a height of 2 m.
The reason I asked whether you had offered to pay was that if you did, it would at least put you in control of what into them. It may be worthwhile speaking to the owner and offering to pay the cost or part of the cost provided he does it to a certain level. Be aware that tree surgery and getting rid of the rubbish is not cheap.
Unfortunately, there is no action you can bring in respect of any alleged devaluation of your property as a result of the trees being cut down dramatically or even removed.
I’m sorry, I wish I could give you a more favourable answer, but that’s the situation.
Can I clarify anything for you?
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