Legal questions about neighbours and chicken farming

Questioner

our neighbours are starting a small-scale organic laying hen business. Number 4400. There is still an agricultural destination. Barn is within 50 metres of our home. Now I just found out that the chicken run will be next to our garden. We want to sell our house and have already understood that this will be a lot more difficult. When we bought our house, the barn was a caravan storage. Hasn't environmental legislation been tightened with regard to barns and homes and are those chickens allowed to go outside right next to our garden?

Lawyer

The question is whether an environmental permit is available, in connection with the 'Odour Nuisance and Livestock Farming Act'. Apparently this is not available, Article 3 of the Odour Nuisance and Livestock Farming Act states the following; 1 An environmental permit relating to a livestock farm will be refused if the odour load from that livestock farm is on an odour-sensitive object located: a. within a concentration area, within built-up areas, exceeds 3.0 odour units per cubic metre of air; b. within a concentration area, outside built-up areas, exceeds 14.0 odour units per cubic metre of air; c. outside a concentration area, within built-up areas exceeds 2.0 odour units per cubic metre of air; d. outside a concentration area, outside built-up areas, exceeds 8.0 odour units per cubic metre of air. 2 By way of exception to the first paragraph, the distance between a livestock farm and an odour-sensitive object that is part of another livestock farm, or that ceased to be part of another livestock farm on or after 19 March 2000, is: a. at least 100 metres if the odour-sensitive object is located within a built-up area, and b. at least 50 metres if the odour-sensitive object is located outside the built-up area. Given your case, this is not the case, and it seems to me that you can file or make a reasonable objection to this holding. If you wish, you may contact me without obligation.

Lawyer

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