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.
Did you move to the area before the Air Show came into being or afterwards please?
Its bad news.
Case law shows that if you move to the nuisance you can't get it to stop
It is like moving to Heathrow and complaining about the aircraft there and frequency
The Environment Protection Act does only apply to civil matters and not military
It is outside the jurisdiction of the Council to get involved in military operations
However you can still take action under common law.
This is where you can bring an action for the tort of nuisance
You wont get the show limited or stopped.
This is because you moved to the area after the show.
If you had moved before the show had started you may be in a stronger position.
But you could take civil action. You would probably get some compensation
Can I clarify anything for you about this today please?
The MoD has an exemption under the Environmental Protection Act for noise etc
Please see the Mod leaflet for more info:
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?
Sadly you wont be able to get a limit - you moved to the nuisance.
This is NOT in the area of the local authority.
The Environmental Protection Act excludes the MoD from things like noise
As such it is not within the remit of the Council whatsoever
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
You are unlikely to get legal aid because of changes in cuts
Can I clarify anything else for you?