BILL FRENCH

The applicants sought a determination under section 5 of the Farming and Food Production Protection Act, 1998 regarding noise from grain bin fans on the respondents' neighbouring farm.

The respondents had placed straw bales around the fans to mitigate the noise, which expert evidence showed significantly reduced sound levels.

The Board found that the applicants failed to meet the threshold test of being directly affected by a disturbance, as there was no unreasonable interference with the use and enjoyment of their land.

The application was dismissed.

The Applicant, a rural non-farm resident, applied to the Normal Farm Practices Protection Board complaining of severe odours emanating from the Respondent's greenhouse composting operation.

The Respondent had recently begun composting greenhouse vine wastes and organic vegetable wastes to produce supplementary heat.

The Board found that the Applicant was directly affected by the odour disturbance.

However, recognizing the Respondent's good faith efforts to mitigate the odour and the importance of allowing farmers time to implement new technologies, the Board deferred ruling on whether the composting constituted a normal farm practice.

Instead, the Board issued an interim decision requiring the Respondent to remove stored bales, limit compost turning, obtain a consultant's report, and submit a comprehensive odour reduction plan or terminate the composting operation.

The applicant, representing several rural non-farm residents, complained of severe odours emanating from the respondent's greenhouse composting operation.

The respondent had recently begun composting greenhouse vine wastes and organic vegetable wastes to produce supplementary heat.

The Normal Farm Practices Protection Board found that the applicant was directly affected by the odour disturbance.

However, recognizing the respondent's good faith efforts to mitigate the odour and the importance of allowing farmers time to fine-tune new technologies, the Board issued an interim decision.

The respondent was ordered to remove stored bales, reduce compost turning frequency, and submit a comprehensive odour reduction plan supported by a consultant's report before the Board would make a final determination on whether the operation constituted a normal farm practice.