Neighbour Burning Muck Heap

Strevs

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Hi, our neighbours regularly burn their muck heap which directly opposite our house. Speaking to them, going through environmental health and engaging a local councillor have had no success. My understanding looking at a government website is that it is illegal to burn horse manure. Has anybody else had this issue and how was it resolved ? I'm feeling like my only option is a private prosecution.

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Antw23uk

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I couldnt imagine burning a muck heap, its so damp( well ours is ) Are you sure its the muck heap they are burning ?

Oh trust me they can burn. I still shudder at my stupid mistake a few years ago thinking i'd use the big pile of recycled dried grass as a 'barrier' to burn old shavings in! Three days later and a lot of worry and grumpy neighbours!!!

Sorry Strevs cant help but isnt there a law about bonfires or legislation around burning stuff on your property? My neighbour is forever burning stuff, it drives me nuts but currently in a good place with our relationship so not rocking the boat but dear god, what is there possibly left to burn!!!!
 

The Xmas Furry

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Point your councillor and EH dept to this: https://www.gov.uk/farm-and-livery-horses/dealing-with-waste
"You must use a licensed facility to get rid of solid waste - it’s against the law to dump or burn it."
It is illegal, they need to act.
I have a yard neighbour 2 yards away who did this and the local council came down very hard on them. Good luck!
 

cowgirl16

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Strevs, is it actually a bonfire - or is the muckheap quietly and continuously smouldering? Big heaps will build up incredible heat at the centre, and it appears alight, but if you dig into the centre - all the muck is extremely hot ash. (great for the garden!) Could this be what is happening? I have happy memories of working on yards years ago - in the middle of winter when the temperature could do nasty things to brass monkeys, we would dig into the muckheap, and stand in the hole to warm our feet! Anyway - if the heap is just smouldering, they need to get it removed, and keep the heap smaller in future.
 

The Xmas Furry

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I think you may well find that if they are your neighbours horses, on their own land that there is nothing you can do about it.
The rules are somewhat different for private owners
Sorry, I'll disagree, the rules are exactly the same for commercial and private yards regarding heap disposal, burning it isnt permitted.
Spreading it on fields is fine as is paying contractor to remove it.
You are not permitted to allow run off either.
 

FestiveG

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Sorry, I'll disagree, the rules are exactly the same for commercial and private yards regarding heap disposal, burning it isnt permitted.
Spreading it on fields is fine as is paying contractor to remove it.
You are not permitted to allow run off either.
Well there were differences three years ago, and the rules stated that pig and poultry manure could not be burnt. Private horse manure was a different situation.
 

Fred66

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Pretty black and white here (same link as above), burning is illegal https://www.gov.uk/farm-and-livery-horses/dealing-with-waste
But that is titled “farm and livery horses”, I have found a link to a 2008 H&H article that did say horses in the curtilage of your own home were exempt but new legislation may have superseded that article.
https://www.horseandhound.co.uk/horse-care/horse-care-tips/ask-hh-muck-storage-and-disposal-264757
And this says that manure from own horse in the curtilage of your own property is classed as household waste
 

splashgirl45

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we used to burn our woodchip muck heap when i was at my old yard. we then had to stop as it was made illegal. i cant remember exactly when it was but would have been between 2006 and 2013..
 

SussexbytheXmasTree

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But that is titled “farm and livery horses”, I have found a link to a 2008 H&H article that did say horses in the curtilage of your own home were exempt but new legislation may have superseded that article.
https://www.horseandhound.co.uk/horse-care/horse-care-tips/ask-hh-muck-storage-and-disposal-264757
And this says that manure from own horse in the curtilage of your own property is classed as household waste

I literally wrote most of the legislation on this. Household waste is controlled waste and subject to the same controls on burning. If you burn your own garden waste ie vegetation in your own garden you don’t need to register an exemption but you have to comply with the terms and conditions of it. If you are a business or “establishment or undertaking” you have to register an exemption. There are no exemptions for burning manure and bedding anywhere. You would need a permit with all the correct pollution abatement.
 

SussexbytheXmasTree

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we used to burn our woodchip muck heap when i was at my old yard. we then had to stop as it was made illegal. i cant remember exactly when it was but would have been between 2006 and 2013..

The Waste Management (England and Wales) Regulations 2006 made Agricultural waste (defined as an activity listed in the Agriculture Act 1947) a controlled waste and therefore subject to the same controls as all other waste with a few additional exemptions. Strictly speaking waste from horses at livery was never agricultural so it always applied.
 

Strevs

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I literally wrote most of the legislation on this. Household waste is controlled waste and subject to the same controls on burning. If you burn your own garden waste ie vegetation in your own garden you don’t need to register an exemption but you have to comply with the terms and conditions of it. If you are a business or “establishment or undertaking” you have to register an exemption. There are no exemptions for burning manure and bedding anywhere. You would need a permit with all the correct pollution abatement.
Hi, thanks for your update which confirms my understanding. The problem I'm having is to Environmental Health to do anything beyond writing a letter.
 

splashgirl45

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The Waste Management (England and Wales) Regulations 2006 made Agricultural waste (defined as an activity listed in the Agriculture Act 1947) a controlled waste and therefore subject to the same controls as all other waste with a few additional exemptions. Strictly speaking waste from horses at livery was never agricultural so it always applied.

thanks, i reckon my YO was made aware of this sometime after the act, maybe someone reported her so once she knew she stopped us burning. we had to pay separately for muck removal so the extra cost of more muck heap was our problem and not hers
 

Iznurgle

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If it's blowing towards your house, you could use that as a means to contact the council. You could be cheeky and call the fire brigade for a large nuisance bonfire, but I don't know what sort of relationship you have with your neighbour (or if you want to keep one!).
 

Birker2020

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Our muck heap caught fire once, so I know they burn quite well in some circumstances.
Sometimes we might burn some old hay or haylage but we never burn muck, they pay for it to be collected by truck and shovelled on with a tractor and bucket. I think it goes on the farmer field and is spread out.
 

Strevs

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If it's blowing towards your house, you could use that as a means to contact the council. You could be cheeky and call the fire brigade for a large nuisance bonfire, but I don't know what sort of relationship you have with your neighbour (or if you want to keep one!).
Council, environmental health and the fire brigade have all been involved, letters written etc but still it carries on. Zero relationship
 

Iznurgle

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Council, environmental health and the fire brigade have all been involved, letters written etc but still it carries on. Zero relationship

As a beginning to a legal route, a letter from a solicitor might spook them enough to actually stop doing it, but were I you and feeling especially petty, I'd be calling the council, EPA, and fire brigade every. Single. Time. Every hour on the hour if need be. I'd be creating a paper trail, and bothering the people that are supposed to be dealing with it until they decide that doing something is somehow less annoying than I'm being about it. I can't even imagine the smell, I'd be completely outraged were I you. Contacting your local MP (I'm not in the UK so I'm unsure of terms), and even shaming them on the local FB page would be something I'd consider doing, too.
 

Rowreach

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As a beginning to a legal route, a letter from a solicitor might spook them enough to actually stop doing it, but were I you and feeling especially petty, I'd be calling the council, EPA, and fire brigade every. Single. Time. Every hour on the hour if need be. I'd be creating a paper trail, and bothering the people that are supposed to be dealing with it until they decide that doing something is somehow less annoying than I'm being about it. I can't even imagine the smell, I'd be completely outraged were I you. Contacting your local MP (I'm not in the UK so I'm unsure of terms), and even shaming them on the local FB page would be something I'd consider doing, too.

Not sure I would be wasting the time of the fire service, they have better things to be doing than getting involved in a neighbour dispute.
 

Pearlsacarolsinger

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Horses at home are NOT on a farm or livery yard. Incidentally, our horses are at home and we do NOT burn our muck heap, although our neighbours have been known to do so, occasionally
 

The Xmas Furry

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Horses at home are NOT on a farm or livery yard. Incidentally, our horses are at home and we do NOT burn our muck heap, although our neighbours have been known to do so, occasionally
I'm glad you dont ?
Regardless, there is no definition between firing commercial, farm or private muck heaps, whether at home or not. It's a no.
 
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