Alex Watts : Hello my name is ***** ***** 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.
Alex Watts : Could you please explain your situation a little more?
Alex Watts : Have you complained to the council please?
No, Not complained to the council yet. They frequently burn manure. There is a mountain of it. We have asked for the mound to be reduced in the summer months, due to horse flies. They will not respond to our reasonable requests. We believe there may be too many horses for the size of the livery, therefore too much manure. It is literally a mountain.
Alex Watts : You should complain to the council and also the Environment Agency as they may be able to take action.
Alex Watts : It is also likely to be a breach of the Environment Protection Act to burn it.
Alex Watts : This is because burning etc causes smoke.
Alex Watts : However if it is a high pile you may be able to ask the council to take action under the same act.
Alex Watts : Further, this could also be the tort of nuisance because of the smell and flies.
Alex Watts : You may be able to sue and indeed seek an injunction limiting or removing the nuisance.
Alex Watts : Can I clarify anything for you about this today please?
I have requested reduction of the manure heap several times over recent months, the requests are ignored. They burn every few weeks, part of the heap. I will contact the council re. In your opinion will the council take action?
Alex Watts :
The Council can make them remove or reduce it
Alex Watts :
Does that clarify matters?