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Posted By: JSHarrisThere is still an override whereby the SoS for Defence can overrule an adverse outcome in certain cases
Posted By: JSHarrisThe classic was the chap who applied for planning permission to build a house right on the boundary of our bombing range. We cautioned the planners that he should take steps to protect from blast damage, avoid the use of large areas of glass, fit toughened glass to windows and be prepared to experience strong pressure waves from time to time. The planners didn't make these conditions of the plans and the chap went ahead and built the house, complete with a large conservatory facing the range drop zone. Needless to say, the first time we dropped a 250kg bomb out there it blew all the windows out of his conservatory, and he tried to claim damages from us. Sensibly the courts ruled that our comprehensive warnings about possible blast damage were sufficient to makes us not liable.My understanding is that the courts treat each case like this on its merits and apply a reasonableness test, essentially "what would the chap on the Clapham omnibus think?".
Posted By: JSHarrisIf an application is withdrawn then the planners take no further action, and they just archive the application with no record of it being kept on the planning record for the site (this has just happened to me).
Posted By: djhThat actually sounds quite reasonable of the planners, as well as being amusing. They shouldn't be intervening to protect the applicant from himself, only to protect the rest of the community from the applicant. So as the rest of the community didn't need protecting, they were quite right to not impose conditions.
Posted By: CWattersLow frequency sound exposure has been documented to create side effects. “If a person is exposed over a long period of time to infrasound at relatively low amplitudes, they do experience the symptoms of nauseous anxiety,” Novak said.
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