Ecolex Logo
Le portail au
droit de l'environnement
Résultats de la recherche » Jurisprudence

King v The Advocate General for Scotland.

Pays/Territoire
Royaume-Uni
Type de cour
Nationale- cour inférieure
Date
Déc 11, 2009
Source
UNEP, InforMEA
Nom du tribunal
COURT OF SESSION
Siège de la cour
London
Juge
Pentland
Numéro de référence
[2005] CSOH 169
Langue
Anglais
Sujet
Air et atmosphère, Environnement gén.
Mot clé
Qualité de l'air/pollution de l'air Pollution sonore (de l'environnement) Pollution atmosphérique (sources mobiles) Normes acoustiques Bruit des véhicules Émission sonore Activités militaires Bruit des transports aériens
Résumé
The pursuer resided in premises which were situated near Castle Douglas. The area was used by the Royal Air Force for the purposes of low-flying training. The pursuer claimed that the noise from military aircraft which flew at a height of less than 250 feet above the ground created an unacceptable level of disturbance and, therefore, amounted to a nuisance in law. The pursuer claimed that the noise from the aircraft had not only caused her great personal annoyance but had also caused physical injuries to the horses which she kept on the premises. The pursuer also claimed that the noise amounted to an infringement of her rights under Article 8 of the European Convention of Human Rights (the Convention) and also Article 1 of Protocol 1 (which guarantee respect for family life and home as well as the right to peaceful enjoyment of property and possessions) The Lord Ordinary (Lord Pentland) held that the pursuer (who represented herself) had failed to adduce sufficient evidence to support her action, both in terms of nuisance and, also, in terms of the Convention. In the last analysis, the amount of flights which the RAF had actually made over the pursuer’s property was substantially less than the pursuer had claimed. The pursuer had also failed to lead any evidence of the noise levels to which she was exposed. Furthermore, she had not adduced any veterinary evidence to support her claim that her horses had sustained injury.
Texte intégral
COU-159870.pdf