Jacob DeBruyn

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.