Tweet
Are beehives a statutory nuisance?
We live in a terrace house with a very small garden. Our neighbour has positioned a beehive on our boundary which is colonised by a swarm of wild bees. The flight path of the bees means that the majority of our garden is now a no-go area as hundreds of bees are constantly in the air and crawling on the ground. If we attempt to do any gardening the bees get angry and attack. We have suffered multiple stings on several occasions. We are unable to let our dog out into the garden..
We have approached our local council to intervene under section 79 f of the environmental protection act because of our right to peaceful and safe enjoyment of our property. However, the LA are refusing to act because in their opinion the Clean neighbourhoods and environment act 2005 section 79 f (a) amendment supersedes the 1990 EPA.
The 2005 amendment adds infestation of insects to a business premises as a statutory nuisance. The LA’s argument is that because the amendment only states business premises, and that bees are an insect, then this doesn’t allow them to act because the nuisance is from a domestic premises.
My argument to them is that the whole reason for the statutory nuisance section in the 1990 EPA is to protect from unsafe or nuisance from neighbours and that the 2005 amendment is only intended to add to the act and not remove protections in the original act. The amendment is intended for natural infestations of insects occurring as a side effect of commercial activities, which this isn’t. My other argument is that a bee is still defined as an animal, even if an insect is a sub-sect of animals and is therefore included in the origanal section 79 f “any animal kept in such a place or manner as to be prejudicial to health or a nuisance”
So my question is does a nuisance from a neighbours beehive still qualify as a statutory nuisance under section 79 f of the Environmental Protection Act 1990 and should the Local Authority be compelled to take action?
Unfortunately relations with our neighbour have completely broken down and he refuses to discuss this with us. The garden is so small that relocating the hive anywhere within his garden would still cause problems with us or with the neighbour on his other side. Erection of high fences to block the flight path is not possible.
We live in a terrace house with a very small garden. Our neighbour has positioned a beehive on our boundary which is colonised by a swarm of wild bees. The flight path of the bees means that the majority of our garden is now a no-go area as hundreds of bees are constantly in the air and crawling on the ground. If we attempt to do any gardening the bees get angry and attack. We have suffered multiple stings on several occasions. We are unable to let our dog out into the garden..
We have approached our local council to intervene under section 79 f of the environmental protection act because of our right to peaceful and safe enjoyment of our property. However, the LA are refusing to act because in their opinion the Clean neighbourhoods and environment act 2005 section 79 f (a) amendment supersedes the 1990 EPA.
The 2005 amendment adds infestation of insects to a business premises as a statutory nuisance. The LA’s argument is that because the amendment only states business premises, and that bees are an insect, then this doesn’t allow them to act because the nuisance is from a domestic premises.
My argument to them is that the whole reason for the statutory nuisance section in the 1990 EPA is to protect from unsafe or nuisance from neighbours and that the 2005 amendment is only intended to add to the act and not remove protections in the original act. The amendment is intended for natural infestations of insects occurring as a side effect of commercial activities, which this isn’t. My other argument is that a bee is still defined as an animal, even if an insect is a sub-sect of animals and is therefore included in the origanal section 79 f “any animal kept in such a place or manner as to be prejudicial to health or a nuisance”
So my question is does a nuisance from a neighbours beehive still qualify as a statutory nuisance under section 79 f of the Environmental Protection Act 1990 and should the Local Authority be compelled to take action?
Unfortunately relations with our neighbour have completely broken down and he refuses to discuss this with us. The garden is so small that relocating the hive anywhere within his garden would still cause problems with us or with the neighbour on his other side. Erection of high fences to block the flight path is not possible.
Comment