Noise nuisance from model aircraft club

Statutory nuisance claims do not cover most aircraft noise issues but can be brought for noise caused by model aircraft. In this case Alison and Ian Sellars who had moved to quite a remote property in the Basingstoke area found noise from model aircraft operated a few fields away unbearable. They took proceedings in the Magistrates Court, which made an abatement order.

This was a successful use of statutory nuisance proceedings. The claimants had no wish to interfere with the model aircraft hobbyists, but it was a typical situation where concerns were not listened to and the matter ended up in court. The firm represented the claimants, and Richard Buxton acted as their advocate. The case also involved a not-unusual situation of the local Council supporting the model aircraft club, it appeared having not been alive to planning issues arising. Indeed, the claimants had earlier had to bring other proceedings (in judicial review) dealing with irregularities in the Council granting a certificate of lawful use (CLEUD) which was quashed (see separate case transcript).

The model aircraft club appealed to the Crown Court, but the appeal was abandoned and compensation resulting from the noise nuisance was paid. However, as in most noise cases, the main result was that the noise stopped with the club moving elsewhere.