I'm sure there are plenty of discussion points in there, but I find it hard to believe that all this ...
THE COMPLAINT
The complaint basically is the noise emanating from these training operations. The Claimant's case is that the noise is a nuisance and seriously affects her enjoyment of the Property both in respect of the garden and the major parts of the house. The most important living and bedrooms face towards the Aerodrome. As I have said above the Claimant has always accepted that there will be noise from the other operations of the Aerodrome, but her case is that the noise from the helicopters is very different being extremely loud and continuing for such periods as make it unacceptable.
LAW ON NUISANCE
The Claimant contends that the activities of the Defendant in relation to this training is an undue interference with her comfortable and convenient enjoyment of her land (category 3 of Clerk & Lindsell on Torts (21st Edition) paragraph 20-26).
The latest analysis of nuisance in this area is to be found in the decision of Lawrence & Anr v Fen Tigers & Anr [2014] AC 822. In that decision Lord Neuburger said this about this type of nuisance:-
"2 As Lord Goff of Chieveley explained in Hunter v Canary Wharf Ltd [1997] AC 655, 688, "[t]he term 'nuisance' is properly applied only to such actionable user of land as interferes with the enjoyment by the plaintiff of rights in land", quoting from Newark, The Boundaries of Nuisance (1949) 65 LQR 480 See also per Lord Hoffmann at pp 705-707, where he explained that this principle may serve to limit the extent to which a nuisance claim could be based on activities which offended the senses of occupiers of property as opposed to physically detrimental to the property "
3 A nuisance can be defined, albeit in general terms, as an action (or sometimes a failure to act) on the part of a defendant, which is not otherwise authorised, and which causes an interference with the claimant's reasonable enjoyment of his land, or to use a slightly different formulation, which unduly interferes with the claimant's enjoyment of his land As Lord Wright said in Sedleigh-Denfield v O'Callaghan [1940] AC 880, 903, "a useful test is perhaps what is reasonable according to the ordinary usages of mankind living in society, or more correctly in a particular society"
Accordingly I need to balance the right of the Claimant to the undisturbed enjoyment of her property but balance that against the right of the Defendant to use its property for its own lawful enjoyment.
It is also important to take in to account the Claimant and the Defendant. As regards the Claimant she is the owner of a substantial property with substantial grounds. In the grounds are to be found a tennis court a barbeque area and ground where one would ordinarily expect to be able to sit in private contemplation or have outside barbeque activities and the like.
…. has nothing to do with this ….
Buckingham County Council - List of Approved Wedding Venues
Come in number 48;
https://www.buckscc.gov.uk/media/318...ved-venues.pdf
Funny how there appears to be one particular venue on the 'active list', conspicuous by it's absence;
http://www.buckscc.gov.uk/community/...edding-venues/