Noise Nuisance

Lorna Grace Peires v. Bickerton Aerodromes Ltd [2016] EWHC 560 (Ch)

Background

The claimant owned a property near to the defendant's aerodrome. One of the activities at the aerodrome was the taking off and landing of helicopters during training exercises (the Activity). The claimant alleged the defendant was liable for causing a private nuisance due to the noise of the Activity.

Issues considered by the court

The court considered the parties' stance on the nature and frequency of the noise of the Activity, which were unsurprisingly polarised: the claimant argued that the noise of the Activity was excessive and unreasonable. The defendant argued that the noise of the Activity was neither excessive nor unreasonable and no worse than other operations at the aerodrome.

The court grappled with the law (arguably with mixed results) on the acquisition of a right to commit a nuisance by prescription. The defendant argued that, as helicopter activity had commenced at the aerodrome in the early 1960s, it had acquired a prescriptive right to carry on the Activity.

The court also considered whether the defendant's activities were not a nuisance because they were not...