Those affected by noise from airfields
 

It seems that motorsport are getting their act together over something that affects airfields too:

introduce mandatory noise complaint waiver for anyone who buys or rents a property close to motorsport venue - e-petitions

Anyone on here literate enough to draft a similar thing for those of us involved with flying contraptions?

TPP

I'm no lawyer, but doesn't English property law allow caveats to be imposed on land/property so it could include something like that. I had a caveat on a house I owned that I couldn't sue British Rail for any damage caused whatsoever by the operation of the railway particularly fire from steam loco's. It became evident I believe after the Purley crash.

Have a squint at the leading case in nuisance - Sturges -v- Bridgman (1879) Sometimes these things aren't as simple as they might first appear.

A lot of glider clubs have this problem, especially from people who get sold a house in February under a takeoff path that the estate agent failed to bring to the buyer's attention :mad:

There's a country estate subdivision recently put up a couple miles away that regularly complains when the towplane comes within a couple miles. The rural township has been subsumed into a metropolitan area and the city staff have no idea what to do:}

It has been made clear to the City that the airport is under federal jurisdiction, but they try to pester about the campers and septic tank capacity, but the club was established some 60 years ago and two municipalities before which means records are nonexistent - which doesn't stop the club from claiming grandfathering from historic use.

The feds are talking about local consultation for airport after a new airport was established West of Edmonton Alberta in a riding full of voters for the ruling party. The downtown airport leases were expropriated and the new airport was established as there's a substantial number of operators who want nothing to do with the Edmonton Airport Authority.

PA28181,

Perhaps correct in ENGLISH law.

In Scottish law, restrictive covenants can now only be put in place on the purchaser. So if A sells to B, and says ÿou cannot sell alcohol here (as the church used to do), then all B has to do is sell to C.

And if someone's position is known, then C may set up Z to buy from A and then sell to C so as to get round all this.

General effect, no-one bothers with restrictive covenants any more in Scotland.

ps. Doesn't stop an airfield from objecting, or placing on record its concerns, with the planning department when the planning application is published. Then, if anyone complains at a later date, the airfield can point to the public record held by the council planners.

Of course, we at Strathaven, simply try to minimise the risk and be good neighbours.

Maybe a petition to force the CAA to allow hush kits as fitted in Germany to Cessnas over there to be fitted to Cessnas over here might be more neighbour friendly?

h'mm I am sure I had a restriction that I wasn't allowed to grow potatoes in my front garden in my deeds in Scotland.

Also had something as well about planting rhododendrems.

As neither were likely to happen I have never thought about it.

If not officially, then at least in practice restrictive covenants are not enforceable against subsequent purchasers in England either. Certainly when I spoke to my solicitor about neighbours parking their car on their 'lawn' rather than the allocated parking space, despite a covenant imposed by the original developer, she said I had no chance of enforcing it. (The local highways department were more interested though when I discovered they had moved a highways boundary marker to enlarge the 'lawn' to make space...)

I can neither dig for gravel on my property nor put up a wall adjoining a public footpath more than eighteen inches high.

And who does the covenant state can enforce this?

No idea about the gravel, the local council are pretty keen on the 18 inch wall malarkey though. All of the properties around me have the 18 inch wall in their deeds. Not that it bothers me as the area doesn't lend itself to walls at the front. I have no kind of wall/fence at all, you can just walk off the street onto my front garden.

A neighbour of mine complained when I got chickens. Said 'you can't do that, there's a restrictive covenant'.

So I checked my deeds, and there was no such thing. Checked his, and it was indeed there. We live right next-door in identical houses built at the same time by the same developer and all our paperwork was identical word for word except the fact he couldn't keep poultry.

Work that out if you can...

Always keep in mind when plagued by paranoia - even then it could be they are after you ...

We had a similar thing right now - neighbor used his mafia network to build a commercial building in an area for pure living. You can't beat corruption and criminal behavior, even though many want to believe.

Social problem
 

This habit of moving into an area and complaning is becoming a real problem for all sorts of people, members of the Hampstead set buy a rural cottage and then set the law onto local farmers because the cows moo to much or the church gets it because the bells are too loud.

There needs to be a change in the law that protects those who have used the land for years from those who move in and see a chance of boosting the property value by stopping some near by but long standing activity.

My understanding is the problems of planning restrictions that are making the long standing motor racing circuit at Malory park unviable have woken the motorsport industry up to this issue, and aviation shoud lend its support, perhaps AOPA, the LAA and BGA should get together to pursue this with the motorsport industry as a matter of common interest.

I cannot do anything that causes a nuisance to my neighbours, by order of the Duke of Newcastle. I've got chickens, dogs, a wall (over 18 inches high), front garden parking, we also have aeroplanes over the roof at low level most days. We've been here for over twenty five years and as far as I'm aware, no-one has complained to him yet. Mind you, he's been buried for a very long time now.

The near neighbours like the chickens, which live right on their boundary; they have said so a number of times. Apparently they find the noises they make quite relaxing (and we pass over a few eggs from time to time when we have some going spare). Another neighbour followed our lead and he now has more birds than we do!

Worst I heard was from German airfield Porta EDVY, where somebody bought a very cheap piece (guess why ...) of land directly under final and then filed law suit on noise issue against the venerable place - and won. We do have a sick dysfunctional society structure to a certain extend.

What has always bemused me about the tiny minority who complain about these issues is that everyone who is affected just kind of sits back and takes it. Surely a friendly visit to point out the fault in their thinking would pay dividends?

There is/was a vocal complainer in my local area who had a beef with the twins that fly from my flying club. We have no twins. Turns out he is a pilot from a well known beardy airline as well...

Edit: Which reminds me of the farmer about five miles from one of my old gliding airfields who used to constantly complain about the noise of our low flying gliders. I'm not making it up.

A few years ago, there was a report on the Fulham FC Supporters forum about someone who bought a house near Craven Cottage during the summer and as soon as the football season started, 'realised' there was a large football ground nearby and started a petition to get it closed down. Now you would have thought the existence of grandstands and floodlights (visible from some distance away) might have given them a clue when they viewed the house wouldn't you.
The stadium has only been there since 1879 after all!

In the UK, if anyone makes an official noise complaint, it is one of the things that must be declared when selling the property so that future purchasers are aware of it.

It is always worth asking complainers: Is this an Offficial Complaint? because it will be recorded and could affect the value of your property in any future sale.

A and C said:

"...aviation shoud lend its support, perhaps AOPA, the LAA and BGA should get together"

Is that list missing the BMAA because microlights already have to have noise certificates? :-)

The list did not include the BMAA because I simply forgot to add you to the list and the BMAA would be most welcome to add its support to such a venture.

If you think the Noise Certificate on your microlight will protect you from the anti brigade forget it ! I once had the police turn up to investigate a complant about the noise from a model aircraft I was flying.

After landing the aircraft the PC was less than impressed to find that the noisy aircraft was infact a glider, he was so irritated that he called his Sergeant and they both visited the companant on the issue of wasting police time.