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Surprising court ruling about airfield noise

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Surprising court ruling about airfield noise

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Old 17th Mar 2016, 22:40
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Surprising court ruling about airfield noise

http://m.bucksfreepress.co.uk/news/14351511.Couple_win_court_battle_after_Tess_Daly_and_Vernon_ Kay_pull_out_of___4m_mansion_deal_over_helicopter_noise/
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Old 18th Mar 2016, 08:53
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Couple who claim 'excruciating' helicopter noise stopped Tess Daly buying their home win £600k compensation - Mirror Online
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Old 18th Mar 2016, 10:10
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I am amazed at some of these court rulings and feel so sorry for this couple who paid £1.5 million when they bought it I presume with helicopter noise at at a knock down price
Without helicopter noise it's worth £4 million so a tidy little profit in 5 years ?

Get rid of the helicopters you bought it with at a knock down price,then walk out with £600 k compensation plus sell the property at a huge profit once you get rid of the noise

If someone buys a house in a peaceful setting and someone builds a runway at the end of their garden yes they should get compensation!

But those who knowingly buy at a knock down price because the runway and active airport sits at the end of their garden ? In my opinion you knew what you were buying! Maybe they bought when there were no Helicopters but looking at what they paid and what they value it at over five years then it all looks very suspicious

Pace

Last edited by Pace; 18th Mar 2016 at 11:06.
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Old 18th Mar 2016, 17:16
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December through February is an active time for the rural estate market around my old glider club

The new owners start complaining March or April when the new season starts

The club has sent letters to the local real estate board that any agents who fail to disclose the presence of the glider club to prospective buyers may find themselves in court for failure to disclose information about the property.

As for the helicopter operation, if this is a recent change in usage they may have to find another part of the airfield.

I know of another glider club that permitted helicopter training one winter until it received complaints from the neighbors.
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Old 18th Mar 2016, 19:36
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You might like to buy this house!

5 Bedroom Detached House For Sale in Strathaven for Offers Over £345,000.

It never mentions the airfield once, even though it was sold by The Scottish Flying Club Ltd in the 1970s, has a corrugated metal hangar completely along the western edge of the plot and the airfield car park completely along the northen edge of the plot.

Oh, and the airfield owns most of the access road too!

Fortunately, as one arrives - by following the airfield signs! - one has to park in the airfield car park to view the house!!

But yet no mention of the airfield to future purchasers!!!!
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Old 18th Mar 2016, 21:16
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Okay - here's a challenge.

Using any estate agent's website, adjacent to any airfield in the country, can anybody find any estate agent's details that mention the airfield.

Having been to Lee on Solent yesterday, I was idly thinking what a lovely spot it would be to live - between the beach and the airfield. So, looking on Rightmove, I can see a load of gorgeous properties - but not one that mentions the airport.

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Old 18th Mar 2016, 22:02
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The house is easily spotted on aerial shots.
Why build a house there?
The rest of the field by it looks ripe for development.
I think the operator will avoid the fine just by keeping the heli's away.

Be interesting to see if they now sell or stay, as everyone now knows it's next to an airfield.
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Old 19th Mar 2016, 21:40
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You would think that even if the estate agent fails to remember to mention the airfield that the searches would show it.
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Old 19th Mar 2016, 22:43
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As for the helicopter operation, if this is a recent change in usage they may have to find another part of the airfield.
It's not.

There has been a helicopter school at the airfield for about 50 years - 40 years before the complaining householders bought their property.

As I understand it from the various press reports, the area complained about is, and always has been, used for sloping ground training.
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Old 20th Mar 2016, 00:46
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So the sloping ground training is an 'established use' and has been for longer than these NIMBYs lived there.
There must have been some other reason the judgement went in their favour.
Call in barrister Ann Bartaby who represented TAG in the public enquiry about Farnborough before it became civil.
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Old 20th Mar 2016, 02:11
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FL, If the training has been going on for fifty years and that was put forward to the court, I would think the helicopter school has strong grounds for appeal.
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Old 20th Mar 2016, 10:29
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Posted by cloudpusher in the Rotorheads forum:

Vacondo Defendant Gets 7-year Prison Sentence - tribunedigital-orlandosentinel

Seriously, buying a home next to an airfield and then complain about noise.
Going for easy money if you ask me!
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Old 20th Mar 2016, 10:53
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Xrayalpha
I beg to differ, but in the schedule the airfield is mentioned twice in the section explaining how to get to the property.

Must be a sought after area at that price!
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Old 20th Mar 2016, 11:48
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I'm the first to snort with derision at anyone who buys a house next to an airfield, and then gets surprised by the presence of aircraft. However, aircraft aren't the problem here, it is the helicopter ops and training that has grown so spectacularly, which has caused the problems.

The family who own and run Denham have form for routinely sticking two fingers up at any of the local residents who have complained about noise. This lack of reasonable engagement was commented upon by the judge. Coupled with which, the helicopter operations have been expanding over the last ten years; new hangars have been built to accommodate this and also some of the aircraft that were occupying space in existing hangars have recently been chucked out (at 28 days notice...) to make way for more helicopters.

It's an autocratic and high-handed management style that has rubbed the locals up the wrong way, and has now also got up the nose of the judge.

As ever, there is a bit more to this than meets the eye.
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Old 20th Mar 2016, 12:29
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it is the helicopter ops and training that has grown so spectacularly
Has helicopter training grown spectacularly?

When Mike Smith owned HeliAir Denham was reputed to be one of the busiest helicopter schools in the country. I'm told that there is less helicopter training now than there used to be, even though there are now two schools.
Have I been misinformed?

I emphasise training because it appears to be activity at the training slope which is at the root of the dispute - at least for the moment.


also some of the aircraft that were occupying space in existing hangars have recently been chucked out (at 28 days notice...) to make way for more helicopters.
Am I correct in assuming that you are a fixed-wing pilot?
And perhaps an owner/pilot with an aircraft based at Denham?

I wonder if your attitude would change if, flushed with success, Mr Peires next turns his attention and wealth to restricting other aviation activities at Denham.


As ever, there is a bit more to this than meets the eye.
I noticed that when I read cloudpusher's very interesting link.

No mention of it on this narcissistic website: Norman Peires - South African entrepreneur, traveller and family man

Perhaps it's a different Norman Peires.
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Old 20th Mar 2016, 12:34
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I am a fixed wing pilot, not based at Denham, although I was some years ago. I have friends who were in the hangars until recently. That hangarage has now been reallocated to helicopters, required for the expansion of the helicopter business.

This isn't a 'helicopter-bashing' post, as I enjoy both. Rather, a recognition that a certain segment of the airfield business has been allowed to really enrage some of the local residents which, ultimately, is going to make life expensive and awkward for the owners.
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Old 20th Mar 2016, 13:20
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I agree that if somebody buys a property and there is a NEW noise source which adversely limits the sale value of that property then there should be a way of curtailing that activity or claiming compensation.

If somebody buys a property knowing its under a flight path or accepting an existing noise source then its put up and shut up.

I don't know the circumstances of this property in question but having paid £1.5 million spent some money doing it up and now considering its worth £4 million an increase of £2.5 million over 5 years? Something stinks ?

If the airport and Helicopter activity was already there when the property was purchased then the law was wrong in its judgement
There are too many of these properties where owners have knowingly bought in close proximity to an airfield with the accepted noise around such an airfield and have bought at knock down prices reflecting the noise and proximity, who then join resident associations to fight those airfields and noise partly for self profit

Pace
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Old 20th Mar 2016, 13:37
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Oddly enough, or not, there has been a lively correspondence in the Abingdon Herald about 'increasing aircraft noise' in the area, despite the fact that GA continues to shrink, and we've lost the VGS Vigilants. Tutor flying from Benson, which is what they are complaining about, has not increased.

Of course, it could be pure coincidence that they think they can get some compensation from the MOD...
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Old 20th Mar 2016, 14:51
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I agree that if somebody buys a property and there is a NEW noise source which adversely limits the sale value of that property then there should be a way of curtailing that activity or claiming compensation.
You mean, something like the 200, three storey houses built adjacent to our bungalow, which backed onto open fields when we bought it?

That protracted debacle cost us something like £100,000 but there's no chance whatsoever of any compensation.
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Old 20th Mar 2016, 16:06
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wsmempson

Denham, when I worked there, was very responsibly run by the owners. Part of my job was to deal with the professional mischief makers that seem to infest many airfield locations in Britain.

Every effort was made by the Denham airfield management to control and lessen the impact of noise generated by aircraft. Denham was established in the early part of the last century. There was next to no residential housing around the environs of the airfield until the 1950s.

I think that small. civilian airfields are seen as fair game by those always looking to cause mischief. Apart from rows about runway extensions and terminal construction, we don't get to hear too much about noise from the professional protestors concerning a major terminal like Gatwick, Heathrow or others. These are, I guess, not an easy target.

Denham was well organised and paid much attention to the prevention and dissipation of aircraft noise. Who would imagine anything else ? Civil aviation is acutely conscious and always extremely sensitive to any suggestion of insensitivity towards the adjacent residences.

Let us all hope that the airfield management appeal this judgment.
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