Claims relating to Aircraft Noise
Aircraft noise is a bane of many lives. Although there are limits on the ability to address this using civil or statutory nuisance, other steps can be taken, such as putting pressure on public authorities to exercise their powers to restrict airport and smaller airfield development and operations.
Nuisance
Civil aircraft have a wide (though not absolute!) immunity in respect of noise nuisance which can make it difficult to take effective action where aircraft noise is causing a problem. The exemption for civil nuisance claims does not apply to military aircraft noise (see Dennis v MoD where the Ministry of Defence had to pay substantial compensation). The statutory nuisance provisions do not apply to noise from any aircraft (except model aircraft). Remarkably, these rules go back to the earliest days of aviation and are arguably wholly inappropriate in a modern “polluter pays” context: noise (and other pollution) carried out at the expense of others.
In our challenge, supported by a consortium of local authorities to night flights at Heathrow, which was in many respects successful, the European Court of Human Rights at first found in effect that there was a human right to sleep. This was overturned on the government’s appeal, which allowed the government a wide discretion in this sort of regulatory area. However, the discretion is not unlimited; and must be exercised lawfully.
Meet the team
If you have a problem relating to aircraft noise or related issues, please get in touch and one of our team will be happy to discuss with you.
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Example Cases
Anglesey RAF jet training nuisance
Jones v Ministry of Defence
Noise nuisance caused by RAF aircraft on Anglesey.
Noise nuisance from model aircraft club
Sellars v Aldershot Model Club
Statutory nuisance claim against model aircraft in rural Hampshire.
Night flights at the London Airports
Hatton and others v. United Kingdom
Government challenged on proposals to increase night flights at the London airports
RAF Wittering Harrier Jet nuisance case
Dennis v Ministry of Defence
Court finds jets cause nuisance, but public interest demands continuance. Damages awarded
They are totally dedicated and always push the boundaries of various statutes and policy provisions.