Our neighbour’s slurry spreading is ruining our new country idyll. Can we make him stop?

The stench is unbearable and while I don’t want to cause bad blood, is there anything we can do?

Dear Mary Frances, my family and I moved to the countryside during the whole Covid madness, and we’re loving the rural life. The only hiccup is that our house is right in the middle of farmland and our neighbour, a farmer, has been spreading slurry pretty close to our home.

The smell is unbearable, to the point where we had to pack up and leave for a few days just to catch a breath, literally.

I’m not looking to start a feud with our new neighbours, but I’m curious if there are any rules or obligations on farmers when it comes to spreading slurry near residential areas. How close can they legally get to our house without stinking the place out?

I’d appreciate any advice you can offer on this. I want to approach the situation informed and amicably, without causing any bad blood.

Dear reader, there are rules and regulations regarding the spreading of slurry but their main focus is on the protection of surface water and groundwater from nutrient pollution rather than on inconvenience to householders.

The emphasis is on the protection of drinking water sources against pollution. The regulations do not specify any particular distance in relation to spreading slurry in the proximity of private houses.

The regulations limit the amount of nitrogen in a year to 170kg/ha. This figure is a combination of livestock manure applied to land and that waste produced by animals on the land. Farmers can apply for a nitrates derogation where the 170kg N/ha limit will be exceeded up to a maximum of 250kg.

There are also regulations which prohibit farmers from spreading fertiliser, manure or soiled water on their lands at particular times of the year. It depending on what county you are in.

The open period for spreading slurry begins on January 13 for counties in Zone A (the southeast half of the country, including Cork); January 16 for Zone B (the west plus north Leinster) and February 1 in Zone C (Donegal, Leitrim, Cavan and Monaghan).

For two weeks following the opening of the slurry season, slurry must be kept at least 10 metres away from rivers, streams, watercourses and drains. Once the two-week time period has elapsed, this reverts to 5m.

Spreading slurry on fields that are frozen, covered in snow, waterlogged, flooded or likely to flood is also prohibited by regulations.

Slurry should not be spread either when heavy rain is forecast.

The use of low emissions slurry spreading equipment is now also compulsory on most farms. Slurry should not be spread on lands between October 8 and January 15.

Unless your neighbour is spreading excessive amount of slurry, spreading it very close to a water source (such as a river or stream) or at a time of year when it is prohibited or using the wrong equipment to do it, then there is a very little you can do about this situation.

I presume your water supply is not from a well which might be polluted from slurry. If your neighbour breaches the regulations as set out above, then you could potentially report him to your county council for the breach, but this would definitely cause bad blood.

Bear in mind that slurry spreading is an essential part of farming and that your neighbour is only trying to run his farm and make a living for himself and his family.

Slurry spreading does not take place all year round — generally only in spring when growth and weather conditions are favourable.

Putting up with the smell of slurry is part and parcel of living in the countryside, just like listening to the sounds of sheep bleating, cows lowing and dogs barking.

Perhaps this is something you should have researched and planned for before moving to the countryside.

The smell only lasts a day or two and is something that should occur quite infrequently, and it won’t kill you. If you lived beside a petrol station, you would have to put up with the smell of petrol and diesel.

I suggest that you have an amiable meeting with your neighbour and ask him to let you know what dates he proposes to spread his slurry. You can then plan a few days away to avoid the odours.

All of us who live in the countryside rely on our neighbours, and some of the appeal of country living is being part of a community. You risk becoming very unpopular in the community if you take issue with your neighbour spreading slurry within the ambit of the regulations that are in place.

Even if there were regulations about spreading slurry in proximity to dwellings, which there are not, I would be very reluctant to go down any kind of legal route with this issue.

Tread carefully or could find yourself with a lot worse problems than the occasional smell of slurry in your house.

If you have a legal query for Mary Frances, please email it to farming@independent.ie or post it to Farming Independent, Independent House, Talbot St, Dublin 1. All queries will be treated with the utmost discretion