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flyless16/10/2014 19:19:06
21 forum posts

Model flying club faces legal challenge over use of field

 
04 December 2013 11:39 AMBy Pete Bryant
 
High court ruling forces council to reconsider decision to allow Aldershot Model Club to fly model planes in an Old Basing field after a neighbour complained about the noise
 
Aldershot Model Club members at Blacklands Farm, Old Basing, where a neighbour is taking legal action against the club's use of the fieldModel aircraft enthusiasts at Aldershot Model Club could be banned from flying their prized planes in a field they have used for 27 years because of a neighbour’s complaint.The club members were granted a lawful use certificate in February last year by Basingstoke and Deane Borough Council allowing them to fly up to five model aircraft at any one time at Blacklands Farm in Old Basing, between Basingstoke and Hook.The decision was challenged by neighbour Alison Sellars who won a High Court ruling on Friday (November 29) forcing the council to re-think its decision to rubber stamp the aerial activity as lawful.Ms Sellars claims that since she moved near to her nearby farm in August 2010 she has been directly affected by the environmental consequences, including noise, of model aircraft flying at the site.
 

Never mind, flyless, I've found the original article myself.... face 4 Flyless? Flyless? I think he's gone...smile

Edited By Pete B - Moderator on 17/10/2014 20:53:24

gillyg116/10/2014 19:32:55
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132 forum posts
20 photos

Typical someone's having some fun, what can I do to spoil it, If she's been there for 4 years why has it taken this long for her too complain, Plus she must have known about the model flying before she moved in. Selfish , that's all I've got to say.

Peter Christy16/10/2014 19:38:52
1820 forum posts

Surely, if they've been there 27 years, they have "grandfather" rights and cannot be refused planning permission. They need to get the BMFA on to this.....

Martin Whybrow16/10/2014 19:39:36
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884 forum posts
33 photos

That article's almost a year old; anyone know what the result was?

KingKade16/10/2014 19:40:45
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512 forum posts
22 photos

Maybe not 4 years....

The quote says

High Court ruling on Friday (November 29)

kk

eflightray16/10/2014 19:50:54
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622 forum posts
132 photos

Looking at it from another view, what is the club doing to reduce the complaints ?

No point in moaning about the neighbour if, (just a guess), the club is now flying bigger noisier models and closer to the neighbour.

Too may club members I have come across in the past see it as 'their right' to do whatever they want, fly where they want and what they want. The attitude of 'we were here first' doesn't work with lawyers, unless you are newt, bat, or some other protected species.

Not saying the club is at fault, but as already said, why after four years ?, what changed.

Tony Bennett16/10/2014 20:01:17
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5082 forum posts
129 photos

i know a member there and can report that they have had noise tests done by an outside tester and they aircraft are less noisy than rain and bird song from her boundry line.

Martin Whybrow16/10/2014 20:13:34
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884 forum posts
33 photos

According to their website, they are still flying at Blacklands Farm.

gillyg116/10/2014 20:14:35
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132 forum posts
20 photos

I've lost one of my flying sites for the same reason, noise complaint, that site is now electric only with no ducted fans. me flying ic only. as it happens I have a choice of two other sites too use. so wont be joining that club next year. guess I'm lucky too have a choice .

Martin Whybrow16/10/2014 20:17:28
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884 forum posts
33 photos

They seem to have it covered in their handbook though:

'A ‘No Fly Zone’ at Blacklands is the shaded area on the map. Also the house to the North East at Blacklands is particularly sensitive to noise.'

cymaz16/10/2014 20:32:53
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9253 forum posts
1195 photos

What gets my hackles up is that she moved in 2010 and then waits 3 years to make a complaint.....

God forbid she should move to near a church and those vile people wake her up early on a Sunday morning with those noisey bells!

Edited By cymaz on 16/10/2014 20:33:58

Martin Whybrow16/10/2014 20:53:13
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884 forum posts
33 photos
Posted by cymaz on 16/10/2014 20:32:53:

What gets my hackles up is that she moved in 2010 and then waits 3 years to make a complaint.....

God forbid she should move to near a church and those vile people wake her up early on a Sunday morning with those noisey bells!

Edited By cymaz on 16/10/2014 20:33:58

Exactly that thing happened in a village near our patch; a church that had been chiming the hours for hundreds of years was forced to silence its chimes when a new couple moved into the village and lodged a noise complaint; thankfully, after lots of pressure from other villagers, the local council saw sense and reversed the silencing order.

Dave Hopkin16/10/2014 20:55:01
3672 forum posts
294 photos
Posted by Martin Whybrow on 16/10/2014 20:53:13:
Posted by cymaz on 16/10/2014 20:32:53:

What gets my hackles up is that she moved in 2010 and then waits 3 years to make a complaint.....

God forbid she should move to near a church and those vile people wake her up early on a Sunday morning with those noisey bells!

Edited By cymaz on 16/10/2014 20:33:58

Exactly that thing happened in a village near our patch; a church that had been chiming the hours for hundreds of years was forced to silence its chimes when a new couple moved into the village and lodged a noise complaint; thankfully, after lots of pressure from other villagers, the local council saw sense and reversed the silencing order.

There is a time and place for Tar and Feathers methinks.......

cymaz16/10/2014 21:03:55
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9253 forum posts
1195 photos

It's and injustice that after only 1 complaint countless other people have their noses put out of joint. I know that people have rights but all people have rights.

It would be different if model flying started after she moved in.

Pete B - Moderator16/10/2014 21:35:22
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7655 forum posts
734 photos

If you're copying and pasting a quote from another publication, flyless - and that looks like a newspaper article to me - will you provide a link or at least an attribution, please?

This is a long-standing dispute which was, in the early days, regularly reported by one of our forumites, Stephen Grigg. The neighbour arrived four years ago and promptly started complaining, resulting in the club taking measures to minimise any nuisance. However, the complainant is happy to let this run until she gets her waysad

A lot of time, grief and legal expense have been incurred in handling this.

Absolutely appalling, ego-centric behaviour by an individual on a mission....face 22

Pete

Original thread is here.

Edited By Pete B - Moderator on 16/10/2014 21:40:05

Tim Mackey16/10/2014 22:22:29
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20920 forum posts
304 photos
15 articles

Be afraid, be very afraid. I have direct experience of this from my old Worcester club ( arguably the oldest RC model flying club site in the UK ). Despite having been there, peacefully and "quietly" for zillions of years, a new house occupant some .75 mile away complained, and despite all our efforts, we eventually lost the fight and the council threw us off - its now a golf course!

In the final analysis it actually doesnt matter what actual noise levels are being generated - if a citizen complains that its a noise nuisance, and complains enough, I think youre goosed ;(

kevin b16/10/2014 23:00:52
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1837 forum posts
145 photos

Unreasonable behaviour works both ways. I'm sure there will be legislation somewhere (possibly in the EU) designed to sort this out. If the club is abiding by the law and conducting itself in a reasonable manner. They have every right to expect to be treated in the same way.

On another tack. If I were the farmer and was likely to lose out finacially by losing the club, I would be letting it be known locally that I was thinking of replacing the fliers with pigs in the field.

wink 2

Tony Richardson17/10/2014 01:50:44
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637 forum posts
25 photos

Welcome to the modern world where the Tail gets to wag the Dog, minority rights and PC ness taken a little too far methinks.

cymaz17/10/2014 06:32:53
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9253 forum posts
1195 photos
Posted by Tony Richardson on 17/10/2014 01:50:44:

Welcome to the modern world where the Tail gets to wag the Dog, minority rights and PC ness taken a little too far methinks.

Oh yes....and what of the other people around who may enjoy watching the model aircraft? I wouldn't think they would get a voice.

Allan Bennett17/10/2014 08:41:24
1686 forum posts
49 photos

Perhaps our local council is more enlightened than some others: We had a single noise complaint several years ago, from someone who had move there about 65 years after we started flying there, so the council came to our site, checked our noise-checking and noise levels, and then told us and the complainant that we were within the law and could keep on flying.

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