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farmer next to us has put his barley drier 1oo or so yards

Resolved Question:

farmer next to us has put his barley drier 1oo or so yards from our bedroom. he starts it at 5.45am and puts it off at midnight thus reducing my hours of sleep to five and a half hours.do we have any legal rights.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your question.

 

This is covered by two pieces of legislation.

 

Under s79 Environmental Protection Act 1990 a statutory notice includes

"noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street or, in Scotland, road.".

 

Under Section 80 of the Environmental Protection Act, once the local authority has determined that a noise nuisance exists, it must then serve an abatement notice either requiring the noise to be abated completely or restricting or prohibiting the noise, or demanding that works be carried out the stop the noise.

 

The farmer would then have 21 days to appeal the notice. If he does not appeal but continues the noise then it is a criminal offence and proceedings can be taken.

 

The Noise Act 1996 deals specifically with noise at night (taken to be between 11pm-7am) above "permitted levels" for which an abatement notice can also be served. such a noise is

"a level applicable to noise as measured from within any other dwelling in the vicinity from an approved device... different permitted levels may be determined for different circumstances"

 

If the noise persists then they offender can be served with a fine ("fixed penalty notice").


Write to him making him aware of your rights of enforcement. If he does not comply then either as a solicitor to write on your behalf (cost approx £40.00) or inform the local authority's environmental health department and ask them to proceed accordingly and keep on at them until they do.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,



Tom

 



Edited by Thomas on 9/28/2010 at 12:52 PM EST
Thomas, Lawyer
Category: UK Law
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