How can the law help?
The claim argues that it is unlawful for the Avara Foods poultry group and Dŵr Cymru Welsh Water to continue impacting the region in this way, which interferes with the private rights of property owners and/or the public rights of members of the local community.
Property owners have a legal right to enjoy their property rights without major interference from another party. Those rights include the right for waterside properties not to have the water outside their property polluted and the right to sit in a garden free from strong odours from neighbouring intensive poultry units or sewage infrastructure.
Additionally, those impacted by sewage pollution, such as members of the community who have had sewage washed up on their land, might be able to claim in private nuisance. The Avara Foods poultry group and Dŵr Cymru Welsh Water’s activities are, therefore, alleged to be causing a ‘private nuisance’ and breaching these property rights.
Members of the local community have a legal right not to have their comfort particularly impacted by the activities of another party. Through river, odour, insect and noise pollution, the Avara Foods poultry group and Dŵr Cymru Welsh Water are alleged to be causing a ‘public nuisance’ and breaching this public right.