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Old 10th Mar 2003, 23:19
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ORAC
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MOD sued for £9 million over Harrier noise

The Times - Neighbour in £9m attack on RAF noise

THE owners of a country estate want £9 million damages for the “shattering” din made by military aircraft, the High Court heard yesterday.

Darby Dennis, 51, and his wife Catherine, 46, are suing the Ministry of Defence, saying that the unbearable noise of Harrier aircraft has rendered their lives impossible. They first complained about the Harriers, based two miles from their 17th-century home at RAF Wittering, in 1985. The couple reluctantly began legal proceedings in 1996 after what their solicitor said was 11 years “battling against the MoD, who have done precisely nothing about it”.

The MoD receives more than 4,000 complaints a year about military aircraft and the case could set a precedent if the claim is successful.

Walcot Hall, a Grade I listed manor house in Lincolnshire, was built in 1678 by Sir Hugh Cholmondely and is part of a 1,387-acre agricultural and sporting estate. Mr Dennis moved there as a boy in 1963. He says that the property’s worth has fallen by £7.1 million, roughly half its market value, because of the noise. Like many stately homes, it is hired out for events such as fashion shoots, television filming and shooting parties to fund its upkeep.

The Dennis family wants £2.3 million for lost revenue. The MoD disputes its liability and the Dennis family’s valuations. The family refused the offer of a lower figure to settle out of court.

There has been an airfield at Wittering since 1916, and during the Second World War Walcot Hall became a US operations centre for planning bombing raids on Germany.

Harriers were first flown from RAF Wittering in 1967. The base is used mainly for training, with flights generally restricted to daytime hours on weekdays. In 1991 the MoD installed double glazing in several smaller houses on the estate but this was not a practical solution for the 17th-century mansion. Mr Dennis said: “It pains us to have had to bring this case. We want to make it clear that we support the Royal Air Force in all it does.

“We have had to live with the shattering noise caused by Harriers...and despite all efforts, the MoD has not listened. Harriers are exceptionally noisy. We are close to and in a direct line with Wittering’s runway. On flying days, normal life is impossible.

“This case is about whether the law allows the MoD to do what it likes and if so whether individuals should have to suffer the consequences.”
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