I’m Your Man Ltd, which owns land neighbouring the International Helicopter Museum in Weston-super-Mare, must wait to hear whether it has succeeded in its bid to reduce the number of helicopter flights starting and terminating at the site.
The company wants North Somerset Council to impose tighter controls on the museum to restrict visitors arriving by helicopter and to limit the number of helicopter experience flights operated from the centre.
I’m Your Man claimed that its tenants at Weston Business Park had suffered from noise and dust caused by the helicopters. It asked Forbes J to order the council to reconsider the limits of the museum’s planning permission, which was granted in 1988.
The company maintained that, in February, the council wrongly decided that helicopter experience flights and visitors arriving at the museum by helicopter were both permitted uses, as they were ancillary to the use of the land as a museum.
It was also alleged that the company’s right, under Article 1 of the First Protocol to the European Convention on Human Rights, to peaceful enjoyment of the business park had been breached. The company stated that it had made numerous complaints to the council, requesting them to take enforcement action.
However, the council argued that the company’s claim was unfounded, that the permitted lawful use of the museum site was very broad, that the activities complained of were lawful and that they either fell directly within the primary use of the land as a museum or were ancillary or incidental to its primary use.
Judgment has now been reserved in the case, and a decision will be given in writing at a later date.
References: EGi Legal News 26/11/03
