Legal requirements for Muck heaps??

honetpot said:
http://uk.practicallaw.com/books/9781845920920/chapter05 Agricultural tenancies
Click to expand...

Thanks all - I'll toddle off and have a look - lots to think about.

It is a private tenancy though, not an agri one... The MH sits on a hardcore area, nowhere near the fields / water courses etc... I phoned RPA and apparently they would have issued a letter, so will ask to have a look at that. Whether he will or not is another matter... :-/
 
Tongue firmly in cheek here, can you not wait until the SFP people complain again and point out that as you personally are not claiming SFP nor is it mentioned in your tenancy contract that you have to comply by their rules that you are unaware that you personally have to do anything? If then your landlord owns up to claiming SFP surely it is down to him to supply a suitable site for you to store your muck as part of your tenancy agreement for keeping horses on his land which he obviously is happy to rent it for? :)
 
You need to check if you are in a Nitrate Vunerable Zone first because if you are then your landlord should have been aware of this and advised you of this when this first came in to force (assuming that this came in to force during your tenancy).

As regards Single Area Payment then this goes to the person farming the land not the landlord unless they are both the same person.

If you have a formal tenancy then you become the farmer and would apply for the Single Area Payment assuming that the land is over the minimun requirement and you want to.


If the Nitrate Vunerable Zone came in to force during the course of your tenancy then the loandowner should have made you aware of it and resolved the issue of your horse manure with you.

I would therefore suggest that your landlord has been claiming Single Area Payment from the Rural Payments Agence when he should not have done so and has also failed to advise you either of an existing Nitrate Vulnerable Zone or one that has been introduced.


I would suggest a quiet and calm chat with your landlord on how to resolve the issue to everyones mutual benefit is the way to resolve this issue. It may be that you will need to muck out directly in to a waterproof trailer and have the manure removed to an appropriate place is the solution to this most unfortunate situation.
 
If you are in a Nitrate Vulnerable Zone, according to the leaflet sent to me, you must store solid manure in a vessel, or on an impermeable surface, or in a roofed building, or in temporary field heaps.

You must not locate temporary field heaps within 10 metres of a surface water or land drain, or within 50 metres of a spring well or borehole, or on land likely to become waterlogged, or on land likely to flood, or in a single position for more than 12 successive months, or in the same place as an earlier heap constructed within the last 2 years.

The leaflet is The Guide to Cross Compliance in England (2013 updates to GAEC 19, SMR 4 & SMR7) Probably on the website www.gov.uk/defra or www.rpa.defra.gov.uk

There are other things discussed in the leaflet but I think what I have outlined is what is required. I hope that this helps you.

I think it is barking but that's just me.
 
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