I live near two airports and the noise has become unbearable - who can I complain to?

I live near two airports and the noise has become unbearable - who can I complain to?
By: dailymail Posted On: August 23, 2024 View: 128

I've lived in my three-bed semi-detached house for over 15 years.

Heathrow and Gatwick airports are both fairly nearby. I knew I was buying a home affected by nearby airports, but this was never a big issue. I expected and didn't mind some noise.

However, in the last couple of years, and particularly this summer, the noise from aircrafts above has intensified dramatically, especially at night. The planes seem to get lower and lower. It sounds like they are right over the house.

How can I complain about the noise from the planes above? Is this even possible? And would buyers need to be warned about this if I decided to sell?

Now Angela Rayner has given the green light to more flights from London City Airport, I fear further expansions - and more noise - could be on the horizon.

Too much: A This is Money reader is finding noise from aircraft above his house unbearable
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Jane Denton of This is Money replies: Noise from aircrafts is largely unavoidable, particularly if you live near  Heathrow and Gatwick

The Government's decision to approve a London City airport expansion is a 'sign of things to come,' certain climate campaigners have warned - suggesting that more airports could be super-sized in future. 

Turning to your issue, the Government says on its website that 'noise is regulated to some extent at all UK airports.'

It adds: 'Aircraft paths are generally designed to fly over the least populated areas.

'Some airports operate grant schemes to install sound insulation in affected homes. Contact the airport that affects you to find out if they run one.'

Regarding your noise complaint, the Government suggests your best bet is to contact the relevant airports. 

The airports have a duty to investigate your complaint and respond to you, according to the Civil Aviation Authority.

Decisions around when an airport is allowed to be open for flights, if its aircraft can operate at night, and how many planes are allowed to fly on any given day are often set out as part of the planning process approving the airport's construction or expansion, the CAA adds.

For Heathrow, Gatwick and Stansted, decisions such as these are overseen by the Department for Transport. 

Other airports typically have these processes and decisions run by the local authority where the airport is located. 

I asked two experts for their opinion on what, if anything, you can do.  

Knows the law: Richard Buxton

Richard Buxton, a partner at Richard Buxton Solicitors in Cambridge, said: Since the earliest days of flying, civilian aircraft been exempt from claims in noise nuisance. 

There are some exceptions, but they do not apply to normal flights into and out of the big airports. 

There are strong economic and political pressures to keep the rules that way.

Numbers of flights and flight paths are controlled by a combination of airport capacity and planning constraints. 

There are special rules designed to reduce disturbance from night flights at Heathrow Gatwick and Stansted. 

In recent times, navigation systems have improved with GPS so that aircraft follow a very accurate path on the broad corridor allowed, meaning flights tend to get concentrated over some people and leave others better off. 

Navigation beacons also tend to concentrate aircraft on noisy turns. 

These issues can potentially be controlled by the Government and CAA. 

The European Court of Human Rights has found there is wide discretion on what controls are appropriate, but the sanction of the Human Rights Act is there to stop a complete free-for-all, and to put pressure on for better regulation if that can be justified. 

There are groups concerned about noise around most of the airports which may be the best first point of call for finding out more about what can be done. 

Lisa Hayes, property industry expert and owner of Ready Steady Sell, says: When it comes to selling a property affected by external factors like aircraft noise, transparency is key, not only for ethical reasons but also to comply with legal requirements. 

In the know: Property expert Lisa Hughes

Disclosing such factors is crucial as it can significantly influence a buyer's decision-making process and the overall value of the property.

Sellers are required to fill out the TA6 form, part of the property information questionnaire, which asks for details about disputes and complaints related to the property, including those pertaining to noise. 

This form includes a specific section where sellers should disclose issues such as noise from aircraft. 

Failure to disclose such information can lead to the buyer seeking compensation or even rescinding the sale after completion if they can prove that the seller withheld information that could affect the property's enjoyment.

Regarding how aircraft noise can impact property value, this can be significant.

Properties under flight paths or near airports are often valued lower than those in quieter areas. 

The degree of noise pollution can vary, but its presence generally leads to a market adjustment. Potential buyers might be deterred by the noise, leading to a smaller pool of interested parties and necessitating a price reduction to attract offers.

Studies and market analyses often show that homes exposed to significant noise pollution sell for anywhere between 5 per cent to 20 per cent less than comparable properties in quieter settings. 

Do note that improved sound insulation and noise-reduction technologies are becoming more sophisticated and accessible. 

Sellers can invest in such improvements to make their properties more appealing and potentially offset some of the devaluation caused by aircraft noise.

Peter Barclay is chairman of the Gatwick Area Conservation Campaign

Peter Barclay, chairman of the Gatwick Area Conservation Campaign, says: Aircraft noise is one of those irritants you can do virtually nothing about but it seems to be getting worse everywhere.

Whilst moving house may alleviate the problem if you move far enough but in the UK, particularly in the south-east its not possible to escape from it completely. Unfortunately aviation is exempt from noise nuisance claims, thus there is little legal protection for people affected.

Flights from the UK, mainly to holiday destinations, have been increasing immensely since the recession in the early 2000s. For example Gatwick in 2006 handled around 30million passenger and in 2019 that number was up to 46.5million - well over a 50 per cent increase. Very few flight paths have changed over the years, but they have of course got much busier with the increase in flights.

What can be done about it ? Each airport has a complaint system. Both airports also have a tracking system where its possible to see the height of the aircraft, which airline , where its going to or from and thus be able to report specific disturbances.

Airport expansion is on the rise! As your reader comments London City has now been approved but one important fact is that the total number of flights that can be operated from there has not been increased. The expansion will be managed using larger aircraft and at London City the nature and location of the airport means they will be newer and quieter.

Regrettably that won’t apply if Heathrow or Gatwick’s planned expansions go ahead - huge increases in flights are planned without any real consideration of the noise, or air pollution, impact on communities.

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