The applicants sought relief under section 5 of the Farming and Food Production Protection Act, 1998 regarding noise and vibration from propane bird bangers used in the respondents' adjacent vineyard.
The Board found that the applicants were directly affected by the disturbance and that the respondents' use of the bird bangers did not constitute a normal farm practice, as it failed to comply with established best management practices.
The Board ordered the respondents to modify their practices, including maintaining a 183-metre setback from the applicants' residences and restricting the hours and methods of operation.