Roythornes Solicitors, specializing in agricultural law, has assisted a Lincolnshire potato storage facility in overturning an abatement notice from local authorities related to alleged statutory noise nuisance.
The complaint centered on fans in a potato store impacting a neighboring property. The district judge ruled after a four-day trial that the council acted unreasonably, finding no statutory nuisance and highlighting the lack of proper engagement with the storage facility during the probe.
No statutory nuisance was found, as the noise levels didn't sufficiently interfere. The facility, engaged in traditional agricultural storage, operated within normal agricultural-use parameters. Weather conditions exacerbated the need for fan operation to dry wet crops in October 2023.
Rebecca Ironmonger, associate at Roythornes, remarked, "We're very pleased to have represented our client in court and helped enable the business to continue carrying out its operations effectively." She emphasized the appeal's success in challenging what they viewed as impractical regulatory enforcement impacting business operations.
Blocking fan use, if deemed a statutory nuisance, would hinder necessary crop drying and storing, threatening future agricultural productivity. Post-appeal, the client expressed gratitude: "I would like to thank the Roythornes team for its expertise, helping to get the verdict we needed for the business. This decision is very important to our business, as existing and future crops could not be properly stored if the notice were upheld."
Roythornes collaborated with barrister David Hercock, Clive Bentley of Sharps Acoustics, and Simon Alexander of SA Consulting during the appeal proceedings.
Source: LC
