Damages but no declaration for injunction

Dennis and another v Ministry of Defence (QBD TLR 6 May)

Walcott Hall is a grade 1 listed building built in 1678 in Cambridgeshire. The Walcott Hall Estate covers 1,378 acres consisting of farms, villages and other buildings, many of which are grade 2 listed. RAF Wittering was established for the Royal Flying Corps in 1916 and was developed to become a purpose-built operating and training base for the RAF Harrier jets which became operational there in 1969. Walcott Hall and the estate was situated about two miles from the mid-line of the main runway at RAF Wittering on to which the Harriers came in to land from the east bringing them over the estate and almost over the Hall itself. The claimant sought a declaration and damages on the grounds that the effect of noise from the Harrier jets constituted a nuisance at common law and/or infringed his rights under article 8 of the European Convention on Human Rights and article 1 of Protocol 1 guaranteeing the right to peaceful enjoyment of possessions. The Court rejected submissions that the nuisance caused by the training of pilots for the defence of the realm could be justified as an ordinary use of land and the contention that a right had arisen by prescription through practice. The noise was a nuisance capable of giving rise to common law damages, but public interest meant that the activities should be allowed to continue, until 2012 when Harrier training was expected to be phased out. Accordingly, the Court declined to grant the declaration sought. Common law damages of £950,000, covering the period until 2012, were awarded for loss of capital value, and £50,000 for amenity loss. The money cannot, however, be spent on double-glazing because of Walcott Hall’s listed status.