"The question that needs to be asked is "Was the airport there before you bought the property you are trying to protect from noise?" If the answer is "yes" then the response is "sorry, grandfathered right belongs to the airport, unless you want to pay to have it shifted?" ".
There is another precedent to this with muppets who move into inner city areas with live music and bars that are open late, cos they "like the vibe", and then proceed to shut them all down cos "it's too noisy".
The new law is called the "agent of change". If you build in an area near well established venues etc, it's your responsibility to sound proof the new building.
If you move under the flight path of an international airport... Stiff!