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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Very recently aircraft going to Heathrow airport are flying

Customer Question

Very recently aircraft going to Heathrow airport are flying over my property early mornings from 6am which is causing me noise distress>

what are my rights?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

AlexWatts2013 : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
AlexWatts2013 : Have you not always been in the flight path please?
JACUSTOMER-n2xe1qbw- :

I live in North London N16 postcode which is stoke Newington Hackney.

JACUSTOMER-n2xe1qbw- :

I live in N16 postcode North London, Hackney, Stoke Newington. We have never been in a direct flight path. We do have planes flying over us occasionally during the day. However in the last few months we are getting planes over our heads from 6am mornings sometimes weekends sometimes during the week or both, making an approach to landing noise, this is new as I have lived on this street for over 20 years and can vouch for that.

AlexWatts2013 :

Have you yet complained to the Council or airport yet please?

JACUSTOMER-n2xe1qbw- :

I have written to BAA at Heathrow a number of times over the past months and have not had any response. I have not written to the Council yet. I wanted to know what legal rights do I have, and where to take this matter further to. Thank you

AlexWatts2013 :

Legal rights you can consider taking action against them for increase noise nuisance. The Council should, if this has indeed happened take action against the airport and so could the Civil Aviation Authority. If they refuse to do so then you can consider a Judicial Review of that decision made. This is where a High Court Judge reviews a decision made by a public body to see if the decision made is a legal one and one which a reasonable Authority would have made. A Judge can declare the decision invalid or remit the decision back to the Authority to reconsider.

AlexWatts2013 :

Therefore there are two options: action against the airport direct and/or Judicial Review of the CAA/Council decisions.

AlexWatts2013 :

Can I clarify anything for you about this? Alex

JACUSTOMER-n2xe1qbw- :

Thank you< I will write to the Council and CAA see what happens.

JACUSTOMER-n2xe1qbw- :

I have checked my local Council (Hackney) website Noise pollution, they state they have no juristriction on aircraft noise complaints. I have been on CAA website and have found the following on the noise pollution section http://www.caa.co.uk/default.aspx?catid=810&pagetype=90 the facts sheet supplied state that Civil Aviation Act 1982 "no action shall lie in respect of trespass or in respect of nuisance by reason only of the flight of an aircraft over any property at a height above the ground etc" is there any other recourse I can take as the flights are now being switched earlier and earlier over my house, yesterday it was 5.50am

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