Daniel Ward

The applicant brought an application under the Farming and Food Production Protection Act, 1998, alleging disturbances of noise and odour from the respondents' agricultural operation, which involved raising miniature goats and chickens on an adjacent property.

The Board found that the applicant was directly affected by the disturbances, which constituted an unreasonable and substantial interference with the use of her property.

The Board determined that the respondents' practice of housing livestock in multiple small sheds to avoid building permit requirements and Minimum Distance Separation II (MDS II) setbacks was not a normal farm practice.

The Board ordered the respondents to move the sheds to comply with the MDS II setback of 84 meters or cease using them to house livestock.

The applicants, neighbours of the respondents' horse farm, applied to the Normal Farm Practices Protection Board regarding odour and smoke from the burning of horse manure, hay, and straw on the respondents' property.

The Board found that the applicants were directly affected by the disturbance.

Relying on expert evidence from agricultural engineers, the Board determined that the burning of manure and hay is not a normal farm practice.

The Board ordered the respondents to immediately cease burning hay, straw, or manure on their property.