Muck heap

[romulus]

I have one horse bedded on straw kept on my own property and due to the weather etc I have been unable to use my tractor and muck trailer to dispose of it, so being very conscious of recycling anything I can I thought that I would store it within a square 2 pallets size with the idea of planting courgettes, squash and similar in for this year then using it to create raised veg beds in the following year. This is situated over 5 metres inside my boundary wall the other side of which there is another property. I have just had a phone call from the environmental health to say that it is causing a nuisance to my neighbour and that I must remove it. I have done a quick search on the Internet for the legalities to do with the siting of a muck heap and when a contained muck heap becomes a raised bed but with no luck so far. Can any of you shed light on where I can find this information. Please don't suggest negotiating with the neighbour(impossible) and the environmental health officer seems very set in her judgement. We are in Wales.

 

[3OldPonies]

You could try the Welsh Environment Agency. I know that there are rules in England that govern commercial properties and that you're supposed to keep muck heaps away from water courses, private properties don't need to be so stringent unless a nuisance is actually caused. I think the problem you have is that it has already been reported as a nuisance and even private properties aren't supposed to do anything that will cause 'nuisance'. So you may well find that you do need to dispose of your muck, saying it is going to be a raised bed won't save your pile, it is causing a nuisance now and that is the issue at hand.

Sorry to not give you the answer that I think you're looking for.

 

[Magicmillbrook]

I would try and get a bit more info about how the muck heap is supposed to be causing a nuisance? It can't be smell as odour is not a class of statutory nuisance from a domestic residence. I guess they are depending on an 'accumulation' likely to cause, or be a nuisance. A statutory nuisance is an unreasonable interference with the peaceful use and enjoyment of property. The Environmental Health Officer needs to make it clear to you in what way the muck heap is interfering with the neighbours peaceful use and enjoyment of property, and that the siting or use of your manure is unreasonable.
The next step for EH, if they carry on with this track, would be to serve an abatement notice on you, you could appeal (take legal advice first). If you don't comply with an abatement notice you could be taken to court. Think this is the same process in Wales. This has the basics of stautory nuisance http://www.cieh.org/policy/environmental-protection/statutory-nuisance.html

 

[WelshD]

I would just say that you are using muck to fill a raised bed. No real difference to those who spread it straight on their veg beds

I have the same arrangement but filled with chicken bedding but have had no complaints but if questioned would be firm that it's a raised bed and nothing else

 

[missk]

Tell them you dont know what muck heap your neighbour is talking about....your "hot bed" as its called in the horticultual world should yeald some nice veg. My neighbour grew melons using this method.