John Swallow

The applicants sought a determination under section 5 of the Farming and Food Production Protection Act, 1998, alleging disturbances of noise and vibration from the respondents' agricultural operation.

The Board found that the applicants failed to meet the threshold test of proving they were directly affected by a disturbance, as they provided no evidence of an unreasonable interference with the use and enjoyment of their land.

The application was dismissed.