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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Subject: Excessive noise levels from the Farnborough Air Show. I

Resolved Question:

Subject: Excessive noise levels from the Farnborough Air Show.

I believe that certain military aircraft demonstrated at the airshow generate unacceptably high levels of noise for surrounding residential areas and constitute a statutary nuisance within the meanings of the Environmental Protection Act 1990, the European Noise Directive 2002/49/EC and subsequent amending legislation.

The local authority, Rushmoor Borough Council, however refuse to take enforcement action on the show organisers, Farnborough International Venues and Exhibitions, on the grounds that airshows at Farnborough preceded the date at which the Council accepted planning responsibility for civil airport operations conducted by TAG Aviation occurring after cessation of MOD activities on the site, and are outside the scope of their jurisdiction.

Is Rushmoor Council legally correct in adopting its position?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** 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. There is no need to wait here, you will get an email when I reply.


 

Alex Watts :

Did you move to the area before the Air Show came into being or afterwards please?

Customer:

Afterwards

Alex Watts :

Its bad news.

Alex Watts :

Case law shows that if you move to the nuisance you can't get it to stop

Alex Watts :

It is like moving to Heathrow and complaining about the aircraft there and frequency

Alex Watts :

The Environment Protection Act does only apply to civil matters and not military

Alex Watts :

It is outside the jurisdiction of the Council to get involved in military operations

Alex Watts :

However you can still take action under common law.

Alex Watts :

This is where you can bring an action for the tort of nuisance

Alex Watts :

You wont get the show limited or stopped.

Alex Watts :

This is because you moved to the area after the show.

Alex Watts :

If you had moved before the show had started you may be in a stronger position.

Alex Watts :

But you could take civil action. You would probably get some compensation

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

The MoD has an exemption under the Environmental Protection Act for noise etc

Alex Watts :

Please see the Mod leaflet for more info:

Alex Watts :

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/27606/JSP_418_Leaflet04.pdf

Customer:

I am not seeking to stop the airshow, but get a limit put on the maximum noise level allowed. Since I moved to the area, the housing density in areas neighbouring Farnborough has increased significantly, so many more people are adversely affected. Also, the show is not run by the military anymore, but a civil organisation called Farnborough International Venues and Exhibitions, FIVE and the show is mailnly for demonstration of civil aircraft. Is the time of my move to this area really germaine as to responsibilites of the local authority?

Alex Watts :

Sadly you wont be able to get a limit - you moved to the nuisance.

Alex Watts :

This is NOT in the area of the local authority.

Alex Watts :

The Environmental Protection Act excludes the MoD from things like noise

Alex Watts :

As such it is not within the remit of the Council whatsoever

Alex Watts :

All you can do is the MoD refuse to do anything is to go to Court and seek an Order to see if a Judge would do anything

Alex Watts :

You are unlikely to get legal aid because of changes in cuts

Alex Watts :

Can I clarify anything else for you?

Ash and other Law Specialists are ready to help you