FestiveG
Over the hill and far awa
If that's the case, and I am not arguing the contrary, why does it state on at least one gov. site that poultry manure can't be burned? Genuinely interested btw
Neighbour Burning Muck Heap
- Thread starter Strevs
- Start date
The Xmas Furry
🦄 🦄
I've no idea tbh. But if you look at the link I posted up thread, that refers to equine muck.
SussexbytheXmasTree
Well-Known Member
Is there anything you’re not the worlds expert on?
FestiveG
Over the hill and far awa
Are you the rudest person you know?
Sossigpoker
Well-Known Member
The muck heap if located on a farm or a livery yard is trade waste and therefore burning isn't allowed.
A private person is allowed to burn their muck heap but if they do it all the time and/or the muckheap is located close to neighbours, they may end up committing a Statutory Nuisance. But the burning itself is not unlawful as long as the muck isn't a result of a commercial business
A private person is allowed to burn their muck heap but if they do it all the time and/or the muckheap is located close to neighbours, they may end up committing a Statutory Nuisance. But the burning itself is not unlawful as long as the muck isn't a result of a commercial business
Keith_Beef
Novice equestrian, accomplished equichetrian
This thread is not going to be much use unless people can quote, and post links to, relevant legislation.
As a related question, what happens if the freehold owner of a horse breaks the terms of the freehold covenant?
My mother's freehold has a covenant starting that the owner shall not "burn bricks, make soap or keep pigs".
I imagine that these the activities are forbidden because they would cause a nuisance to neighbours. Burning a muck heap seems to me to be a very similar cause of nuisance.
As a related question, what happens if the freehold owner of a horse breaks the terms of the freehold covenant?
My mother's freehold has a covenant starting that the owner shall not "burn bricks, make soap or keep pigs".
I imagine that these the activities are forbidden because they would cause a nuisance to neighbours. Burning a muck heap seems to me to be a very similar cause of nuisance.
Rowreach
Adjusting my sails
There is another issue here which may be contributing to the confusion.
A muck heap that is within the curtilage of a domestic property is classed as domestic waste (so if you keep your horse more or less in your back garden).
A muck heap adjacent to a yard is classed as commercial waste, whether or not the yard is being run commercially.
The problem then is the definition of "curtilage", because it is generally taken to mean the area directly associated with the dwelling, so the driveway, garden. If your land and stables are attached the the domestic bits then the definition becomes hazy, and it would probably take a court to decide if your muck heap was domestic or commercial waste, but it's likely it would be deemed commercial if it is sited well away from the house.
And yeah there's loads of court cases I could quote but I'm going to go ride now
A muck heap that is within the curtilage of a domestic property is classed as domestic waste (so if you keep your horse more or less in your back garden).
A muck heap adjacent to a yard is classed as commercial waste, whether or not the yard is being run commercially.
The problem then is the definition of "curtilage", because it is generally taken to mean the area directly associated with the dwelling, so the driveway, garden. If your land and stables are attached the the domestic bits then the definition becomes hazy, and it would probably take a court to decide if your muck heap was domestic or commercial waste, but it's likely it would be deemed commercial if it is sited well away from the house.
And yeah there's loads of court cases I could quote but I'm going to go ride now
Sossigpoker
Well-Known Member
A breach of covenant is usually enforced by one of the parties who agreed with. In your mother's case it sounds like this may have been agreed some time ago. In this case anyone who would he affected by her , say , keeping pigs , and owns the neighbouring land affected by it , could enforce it, but it would likely cost a lot of money in legal expenses.
Usually a breach of covenant, when it's a historical one, will only be a problem when the property is sold. So if your mum wanted to sell the property, her solicitors would tell her to return the land to its "pre-breach " state , I.e remove the pigs and any soap making and brick burning facilities.
If OP's neighbour is burning the muck heap on land where a restrictive covenant prevents this , then they should seek some legal advice on how to proceed.
Otherwise it is just a nuisance (unless the muck burned is commercial waste ) and they could pursue it as a Statutory Nuisance as best.
I used to work in environmental protection/waste management and although this was a few years ago, I doubt the regs have changed dramatically.
Regandal
Well-Known Member
Burnt animal manure is amazing stuff for the garden. Just saying…..
FestiveG
Over the hill and far awa
I do wonder what the back story to the op is? Something suggests to me that there is more than burning a muck heaps behind this...
Tiddlypom
Carries on creakily
Indeed.
Our muck heap for instance. Within or without our curtilage? Ok to burn or not? It's within our small acreage. Private use only, no liveries.
Btw We don't burn it, it gets taken away by our friendly farmer neighbour
.mariew
Well-Known Member
We had a builder burning the old house next door for us continuously for 4 months regardless of wind direction. I can understand if there is nothing else behind this.
Firefly9410
Well-Known Member
You have my sympathies Strevs. The stench of a quietly smoking muck heap is utterly vile, goes on for days and can be smelt 100 yards away. I am not surprised it is illegal. Can you get anyone official to come out and smell it so they truly understand the problem? I used to hate riding past the yard that did it and would avoid doing so for the rest of the week, every time they lit it which was once a month. I could not have lived near it.
Auslander
Well-Known Member
I would imagine he's pissed off (and rightly so) about the constant stink of a burning muckheap right next to his property!
Goldenstar
Well-Known Member
In my youth burning muck heaps was common it’s an addictive pastime .
poiuytrewq
Well-Known Member
When I was younger the shavings heap burned away slowly constantly. It was never ever taken away. I didn’t think
It was legal now though.
poiuytrewq
Well-Known Member
I can’t imagine anything worse than constant burning of crap drifting through your house!!
Charley657
Well-Known Member
What do they gain by burning it? I feel for you OP. If you do decide to call the fire brigade, they might report her too so the Council/Environmental Health might get their finger out eventually.
ester
Not slacking multitasking
They gain not having to pay someone to take it away?
windand rain
Well-Known Member
It will burn quite happily for years and the heap shrinks daily rather than increases daily. There is a yard on the main road near us that burns their muck heap the whole winter as if the wind is blowing the right way you can smell it driving along the road. Don't know how legal it is but still quite common