68 and 89 shut it off, the sounds of the tardis of dr who shuts it off, paranormal levels on it shut it off, certain codes gpoing round europe from a Barbara Rogers shut it off, there are programs on it, Barbara's tryiong to get on every machine that will receive - you will be given instructions of how to shut it off. Eights turn it off, the command shut off - be your perp in your head and shut it, 6's shut it off, 10's shut it off, 110 shut'd it off, 101 shut's it off, pain sounds and see nonsense words or anything or anything on them shuts it off, words in the wrong order shuts it off, and also any thing about level of the range of hearing can shut it off, and also electroststic sounds shut it off, corona sounds shut it off, screaming can shut it off, and plenty of other things, certain voices shut it off a John Cleese Trouo called the Pythons can shut it off, think Terry Jones, and Think of Fish Licence and realise why it shuts it off, first note of liberty bell shuts it off and certain classical tunes - try and guess! Certain noises shut it off and OM can shut it off if you chant it, bees sounds do, wasps too. A sharp can also turn it on again. Golf sounds and putting and polo mallet, try and be the horse and also the croquet might be able to shut it off. B sharp can amplify it. Blanks can be difficult to process, but it does not necessaily shut it off. If you hear me get back to me. babsrogers19722@yahoo.com or 7 St Nicholas Close, Fleet, Hants GU51 4JE I am also on facebook as Barbara Rogers. Get back to peace pink too and comment!! I should be on Europes machines and around the world by now!!
IPT Complaint for October 2021 and November 2021
Barbara Rogers 7 St Nicholas Close, Fleet, Hants GU51 4JE. To follow the 4 envelopes I have given you via post with written notes, and also T1 and T2 forma and photocopies of my diary and also my notebooks in trying to get the law to you over such subjects as rape, sexual abuse, and also environmental pollution, contaminants and poisonings, ABH and GBH via case law, and Environmentalism, Gang Stalking and also its various crimes and Genocide, Chemical Weapons, and Geneva Conventions and also Helsinki Contact forbidding Unhuman Unethical Exeriments of which this most certainly is. This part is my notes from my diary and also DEFRA and noise, air and Environmental pollutions Orientated.
Also VAW strategy on Cyber Flashing ‘Upskirting’ and different types of violence used with DEW V2k Stalking. March 2014 Home Office Report on GOV.UK.
“Crimes which disproportionately affect women and girls, such as sexual violence, domestic abuse, forced marriage and stalking have devastating consequences. They can have a profound and long lasting impact on those directly affected as well as on communities as a whole. I believe passionately that we have a responsibility to help the victims and survivors, and will do everything in my power to ensure their needs.” It goes on
“But despite the progress we have made, I am clear that there is more to do, while victims are suffering from these abhorrent crimes, we must continue to work tirelessly to enhance our approach. It remains the case in the UK 1 in 5 women will experience sexual assault during her lifetime. And over the last 10 years we have seen newer forms of these crimes emerging, such as cyber flashing and so-called ‘upskirting’. This is completely unacceptable, and we need a step change in our response. “
“Violence against women and girls is both a form of discrimination and a violation of human rights. It is our collective responsibility to identify and tackle oppressive attitudes, patterns of behaviour and practices which try to achieve power and control over victims and survivors of these crimes”
RT Hon. Priti Patel, Home Secretary.
Also with this report to cyberhelpline over hacking and also data protection act involving V2k Surveillance attached with email.
I am sending extra information to you to update you and also ask you to review your decision upon my complaint from the last time after I heard back in October 20 and also was invited by beginning of November 2021 to send a complaint via the same system of a T1 and T2 which I will supply under separate issue in the post, but will also try to fill it out electronically. Please note the other emails that you have been sent and also on the case file and I hope to send you another more recent email that you should have already with the bumpf you know in it.
I am sending most of my diary to you for 2021 which starts in march 2021 until October 2021, this will update you with what is happening to me via electronic harassment.
Diary Entries
Rape questions noted 25th March 2021
Becky Crowe (cousin) false arrest 26th March 2021
Series of beatings (chin chocks) on both days, hypersensitivity via wave as well. Body Map function use. Clock Watching Method (referred to as Nazi and Mengele) used.
Backroom Threats (although these have happened quite often) 26th March 2021
The Bath earlier where also threatened with drowning with this recollected and reminded of hypersensitivity (12.28am time of bath) 26th and 27th March 2021
Next time recorded 11.43/44pm
Note the comment after the 12.28am
Flashing of diary after 12.36/12.37am
Noted prior dialogue queries (PDQ) subjects – Rape, Police, Sexual Abuse, Mind and Body Rape – then there’s also 8.02/3pm Next doors Machine and Mr Franks (Fur Kepi known as and also suspected CSEG at time of writing to you but has since found that he is not)
‘Picolo’ as referred to bone breaking machine heard at No.5 Marie Capps and mentioned and threatened to Barbara.
26th Bath 1.20am heard in my mattress may be proved on machine latert.
27th March – Threats of murder and also ABH/GBH 6-7 chin chocks noted 2nd bath after that threat to the solicitor whose “going away” if he represents me. They are unhappy with a stop tape I’ve used just saying stop on machine – so that it infers with questioning and their surveillance and their runners being an electrostatic device. Note they are not happy about the ICO being contacted (this is a regular gripe). Police officer (voice print) saying I am being processed for tax. Threatened my eye again see Pirates of the Carribean and also Mckenzie Crook’s Character.
Threats given because I didn’t show up to the centre. Note when I turned up to the centre and no one was there and they used surveillance machine to heckle me.
Threats about punching the breast. Flashes reported upstairs. Threats to the body and gunsight laser used pointing in. EMF (note spraying around and they want me to get rid of the evidence).
Projected images via autosuggestion used to threaten me : punch to temple and a shot temple – there are threats to murder ABH/GBH. Pushing of head under the water (of sight) Grab hand at Collar.
10 hard hits to the cheek and a voice of a MA Parker (TI I believe from the Moon Private Agency, please check her out, N.I. DOT car given as registration, or noted somebody like, but she’s also been following me)
Memory function put to use. Not wanting me to remember the images. Wave and memory function applied.
Nose punching threatened eye punched once ( 2-3 times noted)
5-6 hits from a woman
2-3 hits from between, then 4-5 hits from a man, temple area also hit and right cheek. Look at quotes on 27th March 2021.
They want me to wipe the board, punching the vagina’s recorded
Or punching towards the vagina it details that the vagina was punched so I’ve put it that way also.
On the board there is this – all questioning I’ve received during this particular period although there may have been a lull since my programme was running on it, and its seems to have calmed down a bit the question, it will no doubt start up again. These are the subjects they want wiped
Solicitor – T.I.A legal line Redress (Orgs of T.I.’s)
John Allman – (Christians Against Mental Slavery)
Abuse and Torture
The law – Human Rights laws + Courts+ UN
Covid + research + Sars
Pharmaceuticals
Policies + Procedures
Threats to the Body
Stick – Prototypes, surveillance devices, satellites, V2K
Psychological Techniques
Sex, Sexual abuse or Rape
Dolly use of machines
Tax/Benefits – cuts
Touching – Relationships
Illnesses + Conditions
Diet + Eating + Drink
Price of Things
The Complaint + ICO issues + ONS
Guidelines 2011 of Equality and Human Rights Commission
LGBT + Discrimination
Accusation – Tax and Benefits
Dictionary Corner (Big Bird Word quote that used during the diary)
Edwin + Mini Mkultra + Nazi + Illuminati
Added World system and Criminality (Not on the board)
On that date 26th or 27th also mentioned about experimentation in the bath
Salts were dropped into bath as I was punched. I had to replace them.
They were wondering whether I was getting stressed.
Memory quote made (I’ve put 27th January in my pad but there is also another date 27th March 2021)
Comments on getting to the memory should be noted also use of the word “lower”(“Somebody wants to be your lower”)
Still comment about rape and complaint.
Backing down and wanting me to do it.
Calling me a fraud.
Also don’t want me to go to the ICO or finding out Data Protection Act (DATA – Advice) and I wish to add it’s already been discussed with them over sensitive data and the data principles.
Don’t want disputing (NOT DISPUTING) and they are angry over accusations of rape (put forth by them)
Arrest of Solicitor was mentioned again.
Marching going on through the device and the body map – remember the Witchfinder General and Matthew Hopkins and what he used to do to witches).
“Want to know if I care about a Doll image being electrocuted/sparked off by a ‘Dolly’” said by them. Made use of other technologies VOICE PRINT as well of a synthesized ‘dolly’.
They have put a dolly on parade –Blow up dolly prior to it and reference made in diary, that’s part of the street theatre.
“You (or I) do not care about whose dolly at that point in the diary. It’s not over the solicitor” Dates available over the use of a dolly and street theatre parade later.
27th March 2021
Project imagery autosuggestion made by them – Pitching someone of a roof and promising it to me indirectly.
Trying to find out about my solicitor service again.
Questioning subjects and the benefits form(s) – I’ve pointed out the data protection Act again.
Body and breast grabs at 6.04/5/6 in mins put here so read it as over 2 mins at intervals (lasted between 1-2 mins).
Record has to remind me off possible gaps in between off possible gaps between the breast grabs. I was trying to assess how long it took them to grab my breast.
Project imagery punching at 6.20pm
“Ready and Ripe for you to [go to] a back room” A place where they beat you around in front of the police acting as De Facto Organs. Until they get a confession out of you regardless of what they’ve already heard. The confession they’d like their way. That’s what been threatened umpteen times here over the street directional speakers, at home, and elsewhere.
“ On the 26th it looks sketchy in the diary – wave applied getting it together more on the 27th after you’d been punched that was in March – and they were applying wave to your brain” Heard On Barbara’s Runner on 24th October 2021. Punched at home via Body map.
Applying wave 25th and 26th March
16 scratches to face – 6.49pm ‘way of lilly’ comment made by Paul Franks type voice at 6.37pm. Paul Franks is a PC I’ve complained about and his son/brother too to IPT after pretending to be from CSEG.
6.52pm leads to punches to face (lighter side in the bath). NOT in Bath (might have been in the kitchen on menu planner mentioned) Please see the entry.
Refusing to fill the menu planner out (like a white board note) – obviously problems over that and they threaten to chin chock me over refusing to fill out the planner. They were testing me on the planner at the time, look out for clock watching experiments, changing of time through the hands, trying hallucination experiments on the clock and also trying to deceive me over the time. So that they gain an hour and put my records into question over time, and to affect psychological effects upon me and the use combat torture methods have been mentioned in my diary – raising of eyebrows, clicks of tongue, Smeaton’s tongue (where they raise it to the roof of the mouth or lower to the lower palate to denote whether I’ve lied or not and taking that as confession and hoping the tongue will stay stiff and cramp or rest at the bottom of the plate, and also that is enough to prove torture EMF devices. I also have encountered farts, burps, and other kinds of so call confessions they do it with intonations of voice and then also if your breathy, or they produce false breath through the machine and they can also use different gestures against you if you smile it’s wrong, if you laugh it’s wrong and they have developed the embarrassing laugh concept through machine that obvious we have dubbed ‘straff laughter’. Also if you say go in a wrong way they attribute it to lying like gome or gope and then chin chock which is punch and laugh or don’t laugh and carry on with threats that you can hear neighbour wide even in the town area where they have erected a sound system known as ‘squirreling’ by them.
It’s supposed to be Christmas lights but it’s not and we have heard this in the town and I have taken various photos and I wish to refer to library connection being taken out in front of me with similar sorts of connection in the December that I have noted to them in European Ombudsman complaint and also the Accountability report to Nils Melzer, Special Rapporteur for Torture.
27th March Continued – kept a good diary for flashes received over radioactivity in my home. In European Complaint to Ombudsman.
Gunsight 2 or 3 times I counted in my diary that’s an example as well.
Early Morning 1.05/6 am
28th March – they did not want me to remember how many sprays I’d had- that happened in the bath with an Isherwood present, whose also been listening in.
It was discussed over the panel flash whether it was in the lounge or kitchen and they made an argument out of it. An argument with John and Marie at No 5. But other people have taken over their voices to, but John Capp also does voices and takes voice prints as well. We know that people know when I am being flashed and the town’s being flashed and when they want me to record it and why and I get a thump when I have not got it right. This has become a regular practice and was a regular practice up until recently, when my runners, as I have ben allow to programme on John’s machine to try and get rid of it – playing games with them as I have known and even the processing of several loops and they can hear me and the programme in the town. I have programme my own torture machine (the machine they are torturing me with) with my perps involved in it and with voice control as they given me surveillance prior to this!!! There’s life time judgments on it for perps and those I deem guilty of using the equipment to infringe the law and therefore they will talk to you later about their own. It could get rid of a lot in our area and around the world !! The perps I am hoping it will do. I have sent to Interpol machines, and used the wave via the BBC, and also if QVC listening in, and I have also used MOPAC machines to report my own torture, count the radiation, dead insects, electrolysis through pipes to provide cleaner air on les Radiation, and also tried to do this to the town that’s getting flashes, provide voice analysis and also face recognition, number plate recognition, also identify the direction of gunman’s steps and also weapon recognition, flight recognition through planes, bird species recognition and falls in productivity through wave, also recognition of bats in the sky near places that have caves and sonar which is what EMF devices use, and also recognition of the weather via rainfall precipitation. Recognition of crime through reporting it, and tests for TI’s over sexual abuse, rape and hypersensitivity and also possible documenting via arrays the functions used upon their body and also the amount of abuse they are subject to along with ABH and GBH. You should be getting my programme and electronic diary which can also be used for TI’s. It even has racing programme to detect speeds of car and models of car – but needs developing. So it can be useful for the services and even disappearances and ambulance reports can be logged on it. It was given free, it evens notes the use of music torture, copyright infringements and false identities used on it. We’ve run the loops also gives advice on complaining and relevant case law to use when doing so.
It's on the perps machine though and I can’t access it, but it will run as I have sent it to other areas of the world. Like a virus but is not actual a virus, it’s just finds its way to a machine to notify people like you to close it down otherwise people are judged an assessed by the programme and their forever judgment is to be ‘MO BIRDED’ (CIA Mockingbird – Forced Speech) for 99 years for the worst offenders on it!!
It's TI based programme that has been passed around the world via Radio Station at Canteen Café that has signed my petition and that’s in the high street Fleet in Hants. So you should be getting it in London if not via the BBC, so tell Europe will you, we have only had several celebrities out in Benedict Cumberbatch and also some relatives too. There may have been actual stars with me on the machine, who might agree to stop type of surveillance let us hope so.
28th March continued
“Discussing punching projected on my fan with various contributions as they have rigged up the fan to emulate schizophrenia and harass with it. Also for surveillance purposes.”
Look for uses of board in the diary.
‘Why didn’t I go to see Becky in McDonalds Restaurant (after arrest noises on surveillance system) addition entry in diary – please see.
Psychological torture – and purple dinosaur mentioned, I have referred to this in the European Ombudsman Complaint. Barney used as repeat Torture hence purple dinosaur can happen with voice prints, NLP repeat sentences and dialogue and also music, also the use of marching and repetitive movements of the body.
Rape, Dolly, touching re: hypersensitivity and hyper sexuality hoping to provide it via wave, body map use, Tax/benefits subject, P.I.P claim, accusations of fraud (false), relationships surrounding my father, diet/eating, the complaints, ICO, ONS complaint, LGBT and discrimination (mental health discrimination, hate crime, single women and sexual discrimination) and happens through the body map as well not only through questioning or their dialogue or the use and abuse of directional speakers or street theatre I am subjected to.
Dictionary corner is used to see what words I know as I have claimed learning disorder where I have had problems with my brain, they assessed this through testing that really should not be happening this is part of the experiment as well. I am unhappy about it as this was sensitive data and I wish to refer to the data principles later in the document but I do believe I have furnished within the jurisprudence of Canadian Law in my first complaint to you and this is template for TI complaints and various infringement do see pour equivalents of law.
Edwin and mini mkultra – I was being mini mkultra and also I was told off in the Hart Centre for being Edwin and his principles of culling our population by a third and was judged to be a terrorist by Dolly judgement or computerised judgement and they want me to be known as terrorist it wasn’t my feelings and Mr Franks went away very shagrin! Has happened on a different date also logged in European complaint we think.
Solicitors – being arrested has been mentioned again, told by them to me that they not being able to represent me, asking who are they, threats referred to.
Law – Information for the courts of law. See the entry because I have made a note on my own pad that might pen controlled. Over this they usually don’t want me to be supported would like ex parte, want me to be picked up by G4S van, threats of Sussex camp and other dates there has been general threats of deportment and exile and also threats to try me as a terrorist, send me to Russia even around the time when I was finding out about the EHRC policy on various issues including hate crime and gender based hate crime, disability discrimination (note hung tarpaulin put in European Complaint) and also Targeted Harassment. Also I beaten by police in the bath on the 14th March I think and I cannot remember the exact dialogue used but they came in much as they have before but my face was pouring a bit with blood and confused afterwards there was a wave applied to my brain so I could not remember what was said. I was told off for suggesting to them about more funding more aid for targets and also more help and better forms, and more information to be supplied, so I’ve done it through electronic recording which was happening prior as I programmed initially in 2019 and sent that one off, but others had to be developed to moderates programmes. Also it was the CAB being a welfare rights adviser which will be detailed later on, and also my knowledge on how this could be included in CAB Information System and over recording of Social Policy in order to change it. I went on to develop my own petitions and I am having trouble collecting them, but they have been advised to keep them for own Solicitors if they’ve been approached to suppress the information they have on gang stalking and being irradiated and flashed.
Becky was also mentioned on the date above 28th. There was a mock execution entry you might want to look at prior to this. There was a mock execution of next door with Beverley and Mick and I was made to look at Beverley’s Car after a sound of a supposed ‘Piccolo’ bone breaker.
Weird punches noted and punching behaviour on 28th March approx. 12.55am, which became 1.55 am as our clocks went forward.
Projected image noted and bruised face and the feeling of bruises by the perp and weird behaviour exhibited, making a mock out of it, keep feeling bruises to see if I will wince, use of body map. NLP use at the same time in order to lull and mesmerise and also degrade and victimised and discriminate, their own type of repeat torture, purple dinosaur, and repeat movements. Things are said a specific number of times 3,4,7’s and also even counted up to 10 and 15 times and even 20 times on some days or afternoons.
3.15 am “I noticed the shine on your cabinet and we can’t push you into it” was also a comment you might want to take not of.
Also notice they are using the foxes ears of my mug against my face on 28th March (was a usual practice to denote fox hunting and also various comments made on street directional speakers on different dates).
28th March also – Noted reminded that ear was slapped/hit by phone over PIP claim.
Subject of false information questioned, and again solicitor questions trying to find out who they are, medical card and my mother’s medical card and blood group as I have told them I am heterozygote. Wanting to know if she is AB+. This is sensitive data. Wanting me to produce the 1970’s card. Think of sycorax and the use the programme and message with it know their flash is on the machine, how I’ve been approached and please note it mirrors our terrorist law. The A’a on the roof, there’s a third of the population under threat, not heterozygote then?
I am being interrogated and tortured in different ways. I have told you that I am being sensitised, combat tortured, also hyper sexuality they are trying to perform on me, tickle torture, and also trying to keep me silent yet beam the brain with questions then punishment through beatings, trying to cross dialogue, get short answers from the brain, get any yes or no response, and also marching round in circles by use of body map, constant interrogation, can happen when I am asleep they have been turning it off recently and so have my runners as I commandeered the machine with my presence and also there has been 24/7 running with questions and beaming even on electrical devices in my home, use of my telecommunications point, I’ve had to give my TV away as they come through that. They are trying a fake type of schizophrenia over which we have fallen out with the mental health services and others.
There is also the Family solicitors who they are trying to find out about. We’ve had problem of perps trying to find out about my cousin Becky, that was last year before this report. See dates provided on European Complaint – happened prior to this.
Also on the 28th – on recycle label on the freezer noted 4.34pm “We can make it bleed in the brain”
I asked the question “through the punching?”
4.35pm – “Yeh through the punching” – put on the board.
Through what they have noted on their testing they are going for the head and the face because they know it can cause brain damage even to boxers and they know that my neural pathways have weakened through bleeds before an they are using this to get at me, and hope to kill me with eventually as they are threatening more GBH, ABH and violence. The police don’t seem very interested. Phenomenology report has been issued as a template for Europe and has been formulated by a Lorraine Sheridan, who apparently knows a lot about stalking, so I have sent to her and hope she can hear the street directional speakers here! Because what I have noted is the walkies talkies and it’s not in a film called Hot Fuzz is it? The system of gang stalking.
4.50pm They have used this method in the centre and even Costas to try and threaten my temple to get rid of me. Freezer temple threat. I pass the freezer and there is a partial thought/projected image about bashing it or hitting it against the corner edge of the door. It happened when I’ve been bowed down to meet the edge of something, against my will, on the corner edge of costas side bar that supports the banner or shelving and they’ve done that. They have also threatened to break my arm against this banner, it is during the covid, but I am unhappy as you can hear the street directional speakers also talk about it and even threaten during this time. Towards the red pillar is the shelving, where it’s happened before.
Punching mentioned in bed and they were possibly beaming the brain – utilising the equipment and they were discussing light punches and mick’s machine at No 8 had promised harder punches. There have been harder punches as well.
Dialogue
“We’ll make the punches harder!”
“That’s how they make these people unreliable for the courts of law”
“You account for your own unreliability – Goodbye and Go!” said by me
“Good to put what you say!”
There’s been a lot of Go’s reported even at this time, where I am trying not to involve myself so much with answering them. I want to say go for a long time and have in many ways even from the covert overt stages of this straffenholler in 2015 and 2016. I’ve been telling them the law from the start and also the about the data protection act and I am not happy, I told them to leave me alone as early as 2015.
They have put a hair sensation to my night dress- whilst I write my diary (or have written my diary) and also up my vagina area with wave with the same sorts of sensations. This is a regular practice.
Use of fingers noted.
They use the body map to touch my fingers together to annoy me, done in the bath, when holding a mug and also whilst I am trying to relax. Documented and kept a record of the time.
They have asked me whether I have kept an accurate record and I have tried to include it.
At this time they are trying to annoy me with keyboard control and asking question on silent at 16.07, to try and slow me down recording this to you using equal signs, double letters, and also trying to get my fingers to miss the keyboard and they’ve flashed not an hour ago (26/10/21) they ask me like a test and really are trying other tactics of control and trying to modify my behaviour and irritate me (another tactic), the times I’ve had this happen you won’t know!!.
Resuming – I’ve put about my hands entry. “I’m happy about the way I’ve put it”
I have many examples I have not documented in my diaries – but intend to tell the courts more about them” Barbara’s said on this date.
“Don’t worry examples will be given to you of what hypersensitivity (have been through and hyper sexuality) and I will need a V2K to be wheeled in for that”
They do not wish me to wheel in any V2K never mind my programme in a court of law and I am unhappy about it. The doctor has not been favourable about V2k use in the court of law, remonstration about it have been heard on street theatre directional speakers and we have realised through use of surveillance they’ve been rumbled because they are secretly or not so secretly admitting there’s been use of a V2k employed here.
Please note the problems I have had whilst writing the diary and how I have been flashed and irradiated and what’s been irradiated including my food, my diaries, my dress, anything I carry with me any drink, and my bathroom where they keep beaming in and appearing.
On the pad I have also written that perps and deliveroo service notice through diary entry and that they have signalled that they know I am being hit. The one I’ve captured in my diary is Y787 0GM as told to you and Ranil Jayawardena MP. I had note my receipt as 18.56pm “He was happy to hit my face” was noted ask he was prior to that if he would be happy to hit my face and he answered and I was made aware of it had to lip read and then he mimed hitting the face. Looked like a perp in a woolly hat. A YD60 Noted, as a charcoal grey car, deliveroo noted - as well which I do believe I’ve put in my report to Europe. There was a neighbour who saw me at the time and asked at M&S outside shop (Marks and Spencers) “Is there something you want to do about it” we believe it might been Caroline Hamer’s voice print or Mick’s Machine asking the question that happened at M&S and to NO 6 and this neighbours machine has been known to hit me. But she noted in a flat tone that my face had been hit and asked me if I was alright then walked off, because I did not want to be asked. There was encouragement I believe through the others to keep hitting and also effect and altercation with me at the shop that date.
At the time of writing at 11.59pm I noted a charcoal grey car and its seems to be attached to the YD60 above. I have reported both cars Europe.
Photos taken of face on 31st March 2021. Labelled on old camera with this date.
I have written in my pad in neater writing as I approach the deadline data and will have to photocopy that to you and also the diary I will send to you photocopied to with various references that may sound strange.
I am quoting the following cases in law to support my allegations of rape, sexual abuse, and sexual torture, torture, responsibilities of authorities to report torture allegations, chemical warfare weapons banning, and the use of force, human experimentation, discrimination cases, infringements of surveillance, and also data protection, under various articles there in and even over ABH and GBH investigation, and also fighting of fraud, noise pollution and traffic pollution as these are methods too. Katz v us , Klass v US, Mcann, Mckerr, R v Bollom, Tadic, Akayescu, Tolic, Kapa, Watterson, Assenov, Barbelescu, Aloeboetoe, and Ruth Hatton and others also claimed.
There are Defra reports/ booklet I have read and what I did not include in the bumf that I sent you yesterday was the sound levels of Forced Speech, The street directional speakers and our heavy traffic progressing through our town, despite reports to Defra and the EPA I have not been able to get their attention, but at Canteen Café in Fleet Rd who signed my petition there was tell that they had to hoover their tables and also keep evidence by.
Look at point 38 on the above link. Points 58-62.
There was 12dba going through our town on street and also during the night that can progress from 8 or 9 dba upto 14dba and 16dba. That will be street theatre directional speakers they can turn that up to 20dba at night if they wish especially when echoey. Far in excess of what it should be. Also in the who guidelines sick and ill people react to stress with as little as 8db running through me on the lowest setting for Forced Speech Ventriloquist Dummy Act. We shouldn’t be speaking above 8db at night 15 or 16db during the day and it still considered far too noisy as I am heared on street theatre directional speakers as they project the voice nearer 20db towards the town where I live in Fleet, Hants.
48dba is on our busy roads usually in Britain and that should be a noisy B Road, which should only have 20dba especially at night and our roads are on 48dba at night here with the V2k in situ, even when the road is noisy during the day with the hell angels up to 52dba (cited by John Capp my perp) during the day. Most Europeans are exposed to traffic noises far in excess 55dba according the WHO guidelines and when it comes to 20% in Europe are exposed to exceeding 65dba there is an excess of noise. Small B roads like our town roads should be within the safety levels and see the information provided and your own information too. We have the machine that can measure.
When it comes to forced speech it can be in excess 8dba and this during the evening should be the level of night time noise. Mine goes up to 12dba,14dba and 16dba forced speech day and night a lot like our roads. Which can last for 14 to 16 hours on average but 10 hours has been recorded and I am not happy about this.
We have already told you the type of vehicle we’ve had through here with trucks, jeeps, army vehicles, lorries in a campaign of harassment, noisey bikers, hell angels and all pointed out to me from street theatre over a period a few years. Do you fancy putting hell angels on your form? They can play crowd noises at home, whilst I am out, queue in front of me and I hate them, and also they are picking on my agoraphobic experience and past experiences agoraphobia, and what I have currently told them about my agoraphobia even over the past few years, even on my forms to the Benefits Agency and details of Panic attacks and stress have been issued forth yet see Data Protect Act 1998.
I am claiming for compensation there is Ruth Hatton I wish to cite and also Kapa v Poland over traffic noise I am just providing you with these decibels levels just in case you are confused as to why I am using the law.
From WHO Guidelines 1999 – Community Noise Guidelines and also there are 2018 Guidelines you might wish to look at.
The extent of the noise problem is large. In the European Union countries about 40 % of the population are exposed to road traffic noise with an equivalent sound pressure level exceeding 55 dB(A) daytime and 20 % are exposed to levels exceeding 65 dB(A). Taking all exposure to transportation noise together about half of the European Union citizens are estimated to live in zones which do not ensure acoustical comfort to residents. More than 30 % are exposed at night to equivalent sound pressure levels exceeding 55 dB(A) which are disturbing to sleep. The noise pollution problem is also severe in cities of developing countries and caused mainly by traffic. Data collected alongside densely travelled roads were found to have equivalent sound pressure levels for 24 hours of 75 to 80 dB(A).
Executive Summary 1. Introduction Community noise (also called environmental noise, residential noise or domestic noise) is defined as noise emitted from all sources except noise at the industrial workplace. Main sources of community noise include road, rail and air traffic; industries; construction and public work; and the neighbourhood. The main indoor noise sources are ventilation systems, office machines, home appliances and neighbours. In the European Union about 40% of the population is exposed to road traffic noise with an equivalent sound pressure level exceeding 55 dB(A) daytime, and 20% are exposed to levels exceeding 65 dB(A). When all transportation noise is considered, more than half of all European Union citizens is estimated to live in zones that do not ensure acoustical comfort to residents. At night, more than 30% are exposed to equivalent sound pressure levels exceeding 55 dB(A), which are disturbing to sleep. Noise pollution is also severe in cities of developing countries. It is caused mainly by traffic and alongside denselytravelled roads equivalent sound pressure levels for 24 hours can reach 75–80 dB(A). In contrast to many other environmental problems, noise pollution continues to grow and it is accompanied by an increasing number of complaints from people exposed to the noise. The growth in noise pollution is unsustainable because it involves direct, as well as cumulative, adverse health effects. It also adversely affects future generations, and has socio-cultural, esthetic and economic effects.
- Adverse health effects of noise
The health significance of noise pollution is given in chapter 3 of the Guidelines under separate headings according to the specific effects: noise-induced hearing impairment; interference with speech communication; disturbance of rest and sleep; psychophysiological, mental-health and performance effects; effects on residential behaviour and annoyance; and interference with intended activities. This chapter also considers vulnerable groups and the combined effects of mixed noise sources. Hearing impairment is typically defined as an increase in the threshold of hearing. Hearing deficits may be accompanied by tinnitus (ringing in the ears). Noise-induced hearing impairment occurs predominantly in the higher frequency range of 3 000–6 000 Hz, with the largest effect at 4 000 Hz. But with increasing LAeq,8h and increasing exposure time, noise-induced hearing impairment occurs even at frequencies as low as 2 000 Hz. However, hearing impairment is not expected to occur at LAeq,8h levels of 75 dB(A) or below, even for prolonged occupational noise exposure. Worldwide, noise-induced hearing impairment is the most prevalent irreversible occupational hazard and it is estimated that 120 million people worldwide have disabling hearing difficulties. In developing countries, not only occupational noise but also environmental noise is an increasing risk factor for hearing impairment. Hearing damage can also be caused by certain diseases, some industrial chemicals, ototoxic drugs, blows to the head, accidents and hereditary origins. Hearing deterioration is also associated with the ageing process itself (presbyacusis). The extent of hearing impairment in populations exposed to occupational noise depends on the value of LAeq,8h, the number of noise-exposed years, and on individual susceptibility. Men and women are equally at risk for noise-induced hearing impairment. It is expected that environmental and leisure-time noise with a LAeq,24h of 70 dB(A) or below will not cause hearing impairment in the large majority of people, even after a lifetime exposure. For adults exposed to impulse noise at the workplace, the noise limit is set at peak sound pressure levels of 140 dB, and the same limit is assumed to be appropriate for environmental and leisure-time noise. In the case of children, however, taking into account their habits while playing with noisy toys, the peak sound pressure should never exceed 120 dB. For shooting noise with LAeq,24h levels greater than 80 dB(A), there may be an increased risk for noise-induced hearing impairment
Speech intelligibility is adversely affected by noise. Most of the acoustical energy of speech is in the frequency range of 100–6 000 Hz, with the most important cue-bearing energy being between 300–3 000 Hz. Speech interference is basically a masking process, in which simultaneous interfering noise renders speech incapable of being understood. Environmental noise may also mask other acoustical signals that are important for daily life, such as door bells, telephone signals, alarm clocks, fire alarms and other warning signals, and music. Speech intelligibility in everyday living conditions is influenced by speech level; speech pronunciation; talker-to-listener distance; sound level and other characteristics of the interfering noise; hearing acuity; and by the level of attention. Indoors, speech communication is also affected by the reverberation characteristics of the room. Reverberation times over 1 s produce loss in speech discrimination and make speech perception more difficult and straining. For full sentence intelligibility in listeners with normal hearing, the signal-to-noise ratio (i.e. the difference between the speech level and the sound level of the interfering noise) should be at least 15 dB(A). Since the sound pressure level of normal speech is about 50 dB(A), noise with sound levels of 35 dB(A) or more interferes with the intelligibility of speech in smaller rooms. For vulnerable groups even lower background levels are needed, and a reverberation time below 0.6 s is desirable for adequate speech intelligibility, even in a quiet environment
For a good night’s sleep, the equivalent sound level should not exceed 30 dB(A) for continuous background noise, and individual noise events exceeding 45 dB(A) should be avoided. In setting limits for single night-time noise exposures, the intermittent character of the noise has to be taken into account. This can be achieved, for example, by measuring the number of noise events, as well as the difference between the maximum sound level and the background sound level. Special attention should also be given to: noise sources in an environment with low background sound levels; combinations of noise and vibrations; and to noise sources with low-frequency components.
Physiological Functions. In workers exposed to noise, and in people living near airports, industries and noisy streets, noise exposure may have a large temporary, as well as permanent, impact on physiological functions. After prolonged exposure, susceptible individuals in the general population may develop permanent effects, such as hypertension and ischaemic heart disease associated with exposure to high sound levels. The magnitude and duration of the effects are determined in part by individual characteristics, lifestyle behaviours and environmental conditions. Sounds also evoke reflex responses, particularly when they are unfamiliar and have a sudden onset.
Workers exposed to high levels of industrial noise for 5–30 years may show increased blood pressure and an increased risk for hypertension. Cardiovascular effects have also been demonstrated after long-term exposure to air- and road-traffic with LAeq,24h values of 65–70 dB(A). Although the associations are weak, the effect is somewhat stronger for ischaemic heart disease than for hypertension. Still, these small risk increments are important because a large number of people are exposed.
Mental Illness. Environmental noise is not believed to cause mental illness directly, but it is assumed that it can accelerate and intensify the development of latent mental disorders. Exposure to high levels of occupational noise has been associated with development of neurosis, but the findings on environmental noise and mental-health effects are inconclusive. Nevertheless, studies on the use of drugs such as tranquillizers and sleeping pills, on psychiatric symptoms and on mental hospital admission rates, suggest that community noise may have adverse effects on mental health. Performance. It has been shown, mainly in workers and children, that noise can adversely affect performance of cognitive tasks. Although noise-induced arousal may produce better performance in simple tasks in the short term, cognitive performance substantially deteriorates for more complex tasks. Reading, attention, problem solving and memorization are among the cognitive effects most strongly affected by noise. Noise can also act as a distracting stimulus and impulsive noise events may produce disruptive effects as a result of startle responses. Noise exposure may also produce after-effects that negatively affect performance. In schools around airports, children chronically exposed to aircraft noise under-perform in proof reading, in persistence on challenging puzzles, in tests of reading acquisition and in motivational capabilities. It is crucial to recognize that some of the adaptation strategies to aircraft noise, and the effort necessary to maintain task performance, come at a price. Children from noisier areas have heightened sympathetic arousal, as indicated by increased stress hormone levels, and elevated resting blood pressure. Noise may also produce impairments and increase in errors at work, and some accidents may be an indicator of performance deficits.
Social and Behavioural Effects of Noise; Annoyance. Noise can produce a number of social and behavioural effects as well as annoyance. These effects are often complex, subtle and indirect and many effects are assumed to result from the interaction of a number of non-auditory variables. The effect of community noise on annoyance can be evaluated by questionnaires or by assessing the disturbance of specific activities. However, it should be recognized that equal levels of different traffic and industrial noises cause different magnitudes of annoyance. This is because annoyance in populations varies not only with the characteristics of the noise, including the noise source, but also depends to a large degree on many non-acoustical factors of a social, psychological, or economic nature. The correlation between noise exposure and general annoyance is much higher at group level than at individual level. Noise above 80 dB(A) may also reduce helping behaviour and increase aggressive behaviour. There is particular concern that high-level continuous noise exposures may increase the susceptibility of schoolchildren to feelings of helplessness.
Vulnerable Subgroups. Vulnerable subgroups of the general population should be considered when recommending noise protection or noise regulations. The types of noise effects, specific environments and specific lifestyles are all factors that should be addressed for these subgroups. Examples of vulnerable subgroups are: people with particular diseases or medical problems (e.g. high blood pressure); people in hospitals or rehabilitating at home; people dealing with complex cognitive tasks; the blind; people with hearing impairment; fetuses, babies and young children; and the elderly in general. People with impaired hearing are the most adversely affected with respect to speech intelligibility. Even slight hearing impairments in the high-frequency sound range may cause problems with speech perception in a noisy environment. A majority of the population belongs to the subgroup that is vulnerable to speech interference.
- Guideline values In chapter 4, guideline values are given for specific health effects of noise and for specific environments.
Specific health effects.
When listening to complicated messages (at school, foreign languages, telephone conversation) the signal-to-noise ratio should be at least 15 dB with a voice level of 50 dB(A). This sound level corresponds on average to a casual voice level in both women and men at 1 m distance. Consequently, for clear speech perception the background noise level should not exceed 35 dB(A). In classrooms or conference rooms, where speech perception is of paramount importance, or for sensitive groups, background noise levels should be as low as possible. Reverberation times below 1 s are also necessary for good speech intelligibility in smaller rooms. For sensitive groups, such as the elderly, a reverberation time below 0.6 s is desirable for adequate speech intelligibility even in a quiet environment.
Hearing Impairment. Noise that gives rise to hearing impairment is by no means restricted to occupational situations. High noise levels can also occur in open air concerts, discotheques, motor sports, shooting ranges, in dwellings from loudspeakers, or from leisure activities. Other important sources of loud noise are headphones, as well as toys and fireworks which can emit impulse noise. The ISO standard 1999 gives a method for estimating noise-induced hearing impairment in populations exposed to all types of noise (continuous, intermittent, impulse) during working hours. However, the evidence strongly suggests that this method should also be used to calculate hearing impairment due to noise exposure from environmental and leisure time activities. The ISO standard 1999 implies that long-term exposure to LAeq,24h noise levels of up to 70 dB(A) will not result in hearing impairment. To avoid hearing loss from impulse noise exposure, peak sound pressures should never exceed 140 dB for adults, and 120 dB for children.
Sleep Disturbance. Measurable effects of noise on sleep begin at LAeq levels of about 30 dB. However, the more intense the background noise, the more disturbing is its effect on sleep. Sensitive groups mainly include the elderly, shift workers, people with physical or mental disorders and other individuals who have difficulty sleeping. Sleep disturbance from intermittent noise events increases with the maximum noise level. Even if the total equivalent noise level is fairly low, a small number of noise events with a high maximum sound pressure level will affect sleep. Therefore, to avoid sleep disturbance, guidelines for community noise should be expressed in terms of the equivalent sound level of the noise, as well as in terms of maximum noise levels and the number of noise events. It should be noted that low-frequency noise, for example, from ventilation systems, can disturb rest and sleep even at low sound pressure levels. When noise is continuous, the equivalent sound pressure level should not exceed 30 dB(A) indoors, if negative effects on sleep are to be avoided. For noise with a large proportion of low-frequency sound a still lower guideline value is recommended. When the background noise is low, noise exceeding 45 dB LAmax should be limited, if possible, and for sensitive persons an even lower limit is preferred. Noise mitigation targeted to the first part of the night is believed to be an effective means for helping people fall asleep. It should be noted that the adverse effect of noise partly depends on the nature of the source. A special situation is for newborns in incubators, for which the noise can cause sleep disturbance and other health effects. Reading Acquisition. Chronic exposure to noise during early childhood appears to impair reading acquisition and reduces motivational capabilities. Evidence indicates that the longer the exposure, the greater the damage. Of recent concern are the concomitant psychophysiological changes (blood pressure and stress hormone levels). There is insufficient information on these effects to set specific guideline values. It is clear, however, that daycare centres and schools should not be located near major noise sources, such as highways, airports, and industrial sites. Annoyance. The capacity of a noise to induce annoyance depends upon its physical characteristics, including the sound pressure level, spectral characteristics and variations of these properties with time. During daytime, few people are highly annoyed at LAeq levels below 55 dB(A), and few are moderately annoyed at LAeq levels below 50 dB(A). Sound levels during the evening and night should be 5–10 dB lower than during the day. Noise with low-frequency components require lower guideline values. For intermittent noise, it is emphasized that it is necessary to take into account both the maximum sound pressure level and the number of noise events. Guidelines or noise abatement measures should also take into account residential outdoor activities. Social Behaviour. The effects of environmental noise may be evaluated by assessing its interference with social behavior and other activities. For many community noises, interference with rest/recreation/watching television seem to be the most important effects. There is fairly consistent evidence that noise above 80 dB(A) causes reduced helping behavior, and that loud noise also increases aggressive behavior in individuals predisposed to aggressiveness. In schoolchildren, there is also concern that high levels of chronic noise contribute to feelings of helplessness. Guidelines on this issue, together with cardiovascular and mental effects, must await further research.
In Dwellings. The effects of noise in dwellings, typically, are sleep disturbance, annoyance and speech interference. For bedrooms the critical effect is sleep disturbance. Indoor guideline values for bedrooms are 30 dB LAeq for continuous noise and 45 dB LAmax for single sound events. Lower noise levels may be disturbing depending on the nature of the noise source. At night-time, outside sound levels about 1 metre from facades of living spaces should not exceed 45 dB LAeq, so that people may sleep with bedroom windows open. This value was obtained by assuming that the noise reduction from outside to inside with the window open is 15 dB. To enable casual conversation indoors during daytime, the sound level of interfering noise should not exceed 35 dB LAeq. The maximum sound pressure level should be measured with the sound pressure meter set at “Fast”
In Hospitals. For most spaces in hospitals, the critical effects are sleep disturbance, annoyance, and communication interference, including warning signals. The LAmax of sound events during the night should not exceed 40 dB(A) indoors. For ward rooms in hospitals, the guideline values indoors are 30dB LAeq, together with 40 dB LAmax during night. During the day and evening the guideline value indoors is 30 dB LAeq. The maximum level should be measured with the sound pressure instrument set at “Fast”
- This was something they have used in the community from clicky heels on wards, to rattling trays, and also measurements from visitors. Noises you can in hospital that being used to noise pollute and also manipulate someone’s brain and make them very ill.
Table 1 presents the WHO guideline values arranged according to specific environments and critical health effects. The guideline values consider all identified adverse health effects for the specific environment. An adverse effect of noise refers to any temporary or long-term impairment of physical, psychological or social functioning that is associated with noise exposure. Specific noise limits have been set for each health effect, using the lowest noise level that produces an adverse health effect (i.e. the critical health effect). Although the guideline values refer to sound levels impacting the most exposed receiver at the listed environments, they are applicable to the general population. The time base for LAeq for “daytime” and “night-time” is 12–16 hours and 8 hours, respectively. No time base is given for evenings, but typically the guideline value should be 5–10 dB lower than in the daytime. Other time bases are recommended for schools, preschools and playgrounds, depending on activity
Table 1: Guideline values for community noise in specific environments. Specific environment Critical health effect(s) LAeq [dB(A)] Time base [hours] LAmax fast [dB] Outdoor living area Serious annoyance, daytime and evening Moderate annoyance, daytime and evening 55 50 16 16 - - Dwelling, indoors Inside bedrooms Speech intelligibility & moderate annoyance, daytime & evening Sleep disturbance, night-time 35 30 16 8 45 Outside bedrooms Sleep disturbance, window open (outdoor values) 45 8 60 School class rooms & pre-schools, indoors Speech intelligibility, disturbance of information extraction, message communication 35 during class - Pre-school bedrooms, indoor Sleep disturbance 30 sleepingtime 45 School, playground outdoor Annoyance (external source) 55 during play - Hospital, ward rooms, indoors Sleep disturbance, night-time Sleep disturbance, daytime and evenings 30 30 8 16 40 - Hospitals, treatment rooms, indoors Interference with rest and recovery #1 Industrial, commercial shopping and traffic areas, indoors and outdoors Hearing impairment 70 24 110 Ceremonies, festivals and entertainment events Hearing impairment (patrons:
Art 8 • Respect for home • Fair balance not struck when rerouting heavy traffic to unequipped road near applicants’ homes, exposing them to severe nuisance • Lack of timely and adequate response by domestic authorities to the problems affecting nearby inhabitants
Kapa v Poland (please see above for human rights)
- INTRODUCTION
- 1. The case raises an issue under Article 8 in so far as the State authorities, for a period of over two years, routed extremely heavy day and night motorway traffic via a road unequipped for such a purpose which ran through the middle of a town in very close vicinity to the applicants’ home. This, according to the applicants, had the effect of exposing them to severe nuisance: noise (exceeding domestic and international norms), vibrations and exhaust fumes.
- 38. As a result of the protests and complaints lodged by other residents of Stryków, on 10 August 2006 the roads and motorways authority presented to the city council (Rada Miasta) a plan for the fast-track construction of a ring road to link the A2 motorway with the N14 road outside the city limits. In the alternative, a 1.7-km extension of the A2 motorway beyond the southern city limits was proposed, in order to connect it with the nearby A1 motorway.
- 39. In September 2006 noise monitoring was carried out by privately commissioned experts of the Institute for Environmental Protection (Instytut Ochrony Środowiska). Their report was drawn up on 15 January 2007.
- 40. According to that report, the average number of vehicles passing through Stryków via the N14 road was 15,381 during the day and 2,818 at night, as measured in September 2006. The noise levels measured in Stryków at the same time significantly exceeded the national norms which at the relevant time were: 60 dB during the day and 50 dB at night (see paragraph 108 below). In particular, the noise levels in residential areas exceeded the norms by between 9.9 dB (LAeq – the equivalent continuous sound level) and 12.7 dB (LAeq) during the day, and by between 18.5 dB (LAeq) and 21.3 dB (LAeq) at night.
- 41. The experts observed that the main cause of the noise was truck traffic, which constituted between 40 and 47% of all the traffic in Stryków.
They considered that such a large number of trucks was highly unusual for traffic within a city.
- 42. The experts concluded that the noise should not be tolerated in the long term, even assuming that the situation was temporary. They recommended that stringent measures be taken in order to move a large portion of the traffic beyond the city limits.
- 43. Also in 2006, air and water pollution monitoring was carried out by the Chief Inspectorate for Environmental Protection (Główny Inspektorat Ochrony Środowiska). This revealed, inter alia, that the annual average concentration of sulphur dioxide and nitrogen dioxide (pollutants which contribute to acid deposition and eutrophication respectively, which in turn can lead to changes in soil and water quality) on Warszawska Street was 8.9 μg/m3 and 33.1 μg/m3 (micrograms per cubic metre) respectively. On a scale of I-V, the river waters in that area were rated IV, “unsatisfactory”. The water in the Stryków well was rated II, “good quality”.
- 44. In October 2006 the surface of Warszawska Street in Stryków was renovated.
- Health impact of the operation of the section of the A2 motorway
- 68. A privately commissioned report drawn up by psychologists on 15 September 2008 stated that the life of people living on Warszawska Street and on nearby streets had been very badly affected by the increased traffic on the N14 road.
- 69. Firstly, Warszawska Street was very difficult to cross.
- 70. Secondly, vehicles emitted a great deal of noise and exhaust fumes and caused vibrations and other disturbance. That nuisance persisted practically twenty-four hours a day. As a result, the residents could not open windows, and damage was caused to their houses. The residents lived with serious stress caused by the audible noise and (even more harmful) infrasound coming from trucks and other vehicles with large engines. This was compounded by the high concentration of exhaust fumes and vibrations.
- 71. The experts considered that severe and persistent noise could constitute a biological stress factor causing physiological changes in humans. Such biological stress would initially cause an alert reaction of the human body and, in the event of a strong stimulus (noise over 60 dB), could lead to death. Longer exposure to the stimulus caused insomnia, irreversible exhaustion, and also led to death. It was widely accepted among scientists that, because of the particularly strong neural pathways between the hearing apparatus and the brain, persistent audible noise caused not only hearing loss but also mental discomfort, and nervous breakdowns and disorders in internal organs and brain functions, such as cardiological ailments, strokes, breathlessness, dizziness, high blood pressure and the risk of ulcers. Exposing children to noise could cause attention deficit disorders and hyperactivity, learning difficulties, aggression, withdrawal, apathy, insomnia, bed-wetting and night-time fears. Children living in a noisy environment were also very susceptible to drops in their overall immunity, allergies, arthrosis, skin disease, ulcers, nausea, panic attacks, constipation or diarrhoea. The symptoms among adults included problems with blood circulation and digestion, back pain, asthma, allergies, hair loss, depression, tobacco and alcohol addiction, aggression, depression and infertility.
- 72. Ultrasound, which mostly affected women and young people, caused, among other things, earache, hearing and speech impairments, stomach and heart pain, and breathing and hormone production disorders.
- 73. Vibrations could lead to the development of a so-called “vibrations syndrome”, which seriously affected various bodily functions.
- 74. The experts concluded that life for the residents of Warszawska Street in Stryków was dreadful, and they risked severe psychophysiological ailments, illnesses and perhaps even a decrease in their life expectancy. All residents complained of interrupted sleep because of unbearable noise, infrasound and vibrations. Some of them had developed autoimmune diseases linked to stress.
- Environmental regulations
- Constitutional protection of the environment
- 106. Article 5 of the Polish Constitution provides that Poland shall ensure the protection of the environment, being guided by the principle of sustainable development. Other relevant constitutional provisions read as follows:
Article 74
“1. Public authorities shall pursue policies ensuring the ecological security of current and future generations.
- Protection of the environment shall be the duty of public authorities.
- Everyone shall have the right to be informed of the quality of the environment and its protection.
- Public authorities shall support the activities of citizens to protect and improve the quality of the environment.”
Article 68 (4)
“Public authorities shall combat epidemic illnesses and prevent the negative health consequences of degradation of the environment.”
- 108. The 1998 and 2004 versions of the above ordinance provided that in areas where multiple families lived, such as the one where the applicants live, the acceptable level of noise from roads was 60 dB(A) during the day and 50 dB(A) at night. The most recent version of the ordinance in question changed these parameters to 65 dB (LAeq) and 56 dB (LAeq) respectively.
Court considers it reasonable to award the sum of EUR 750 for the proceedings before the Court, plus any tax that may be chargeable.
- Default interest
- 183. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.
- FOR THESE REASONS, THE COURT, UNANIMOUSLY,
- Decides to join the applications;
- Declares the applications admissible;
- Holds that there has been a violation of Article 8 of the Convention;
- Holds
- that the respondent State is to pay the applicants, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, to be converted into Polish zlotys (PLN) at the rate applicable at the date of settlement:
- EUR 10,000 (ten thousand euros) to each applicant, plus any tax that may be chargeable, in respect of non-pecuniary damage;
- EUR 750 (seven hundred and fifty euros), plus any tax that may be chargeable to the applicants, in respect of costs and expenses;
- that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
- that the respondent State is to pay the applicants, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, to be converted into Polish zlotys (PLN) at the rate applicable at the date of settlement:
- Dismisses the remainder of the applicants’ claim for just satisfaction.
Done in English, and notified in writing on 14 October 2021, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Hatton and Others v UK
PROCEDURE 1. The case originated in an application (no. 36022/97) against the United Kingdom of Great Britain and Northern Ireland lodged on 6 May 1997 with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by eight United Kingdom nationals, Ms Ruth Hatton, Mr Peter Thake, Mr John Hartley, Ms Philippa Edmunds, Mr John Cavalla, Mr Jeffray Thomas, Mr Richard Bird and Mr Tony Anderson (“the applicants”). The applicants are all members of the Heathrow Association for the Control of Aircraft Noise (HACAN, now HACAN-ClearSkies), which itself is a member of the Heathrow Airport Consultative Committee.
- THE CIRCUMSTANCES OF THE CASE A. The degree of disturbance caused to each applicant by night flights 11. Ruth Hatton was born in 1963. Between 1991 and 1997 she lived in East Sheen with her husband and two children. According to information supplied by the Government, her house was 11.7 km from the end of the nearest runway at Heathrow and fell within a daytime noise contour where the level of disturbance from aircraft noise was between 57 and 60 dBa Leq. According to the Government, dBA Leq measure the average degree of community annoyance from aircraft noise over a sixteen-hour daytime period and studies have shown that in areas where the daytime noise exposure is below 57 dBA Leq there is no significant community annoyance. The Government state that a daytime noise contour of 57 dBA Leq represents a low level of annoyance; 63 dBA Leq represent a 4 HATTON AND OTHERS v. THE UNITED KINGDOM JUDGMENT moderate level of annoyance; 69 dBA Leq correspond to a high level of annoyance; and 72 dBA Leq represent a very high level of annoyance.
- According to Ms Hatton, in 1993 the level of night noise increased and she began to find noise levels to be “intolerable” at night. She believed that the noise was greater when aircraft were landing at Heathrow from the east. When this happened, Ms Hatton was unable to sleep without ear plugs and her children were frequently woken up before 6 a.m., and sometimes before 5 a.m. If Ms Hatton did not wear ear plugs, she would be woken by aircraft activity at around 4 a.m. She was sometimes able to go back to sleep, but found it impossible to go back to sleep once the “early morning bombardment” started which, in the winter of 1996/1997, was between 5 a.m. and 5.30 a.m. When she was woken in this manner, Ms Hatton tended to suffer from a headache for the rest of the day. When aircraft were landing from the west the noise levels were lower, and Ms Hatton's children slept much better, generally not waking up until after 6.30 a.m. In the winter of 1993/1994, Ms Hatton became so run down and depressed by her broken sleep pattern that her doctor prescribed anti-depressants. In October 1997, she moved with her family to Kingston-upon-Thames in order to get away from the aircraft noise at night.
- Peter Thake was born in 1965. From 1990 until 1998, he lived in Hounslow with his partner. His home in Hounslow was situated 4.4 km from Heathrow Airport and slightly to the north of the southern flight path, within a daytime noise contour of between 63 and 66 dBA Leq, according to the Government.
- Mr Thake claims that in about 1993 the level of disturbance at night from aircraft noise increased notably and he began to be woken or kept awake at night by aircraft noise. Mr Thake found it particularly difficult to sleep in warmer weather, when open windows increased the disturbance from aircraft noise, and closed windows made it too hot to sleep, and he found it hard to go back to sleep after being woken by aircraft noise early in the morning. He was sometimes kept awake by aeroplanes flying until midnight or 1 a.m. and then woken between 4 a.m. and 5 a.m. Mr Thake was also sometimes woken by aeroplanes flying at odd hours in the middle of the night, for example when diverted from another airport. In 1997, Mr Thake became aware that he could complain to the Heathrow Noise Line about aircraft noise if he made a note of the time of the flight. By 30 April 1997, Mr Thake had been sufficiently disturbed to note the time of a flight, and made a complaint to the Heathrow Noise Line on nineteen occasions. He remained in Hounslow until February 1998 because his family, friends and place of work were in the Heathrow area, but moved to Winchester, in Hampshire, when a suitable job opportunity arose, even though it meant leaving his family and friends, in order to escape from the aircraft noise, which was “driving [him] barmy”.
- Tony Anderson was born in 1932 and has lived since 1963 in Touchen End, under the approach to runway 09L at Heathrow Airport and, according to the Government, 17.3 km from the end of the nearest runway, within a daytime noise contour area of under 57 dBA Leq. According to the applicant, by 1994 he began to find that his sleep was being disturbed by aircraft noise at night, and that he was being woken at 4.15 a.m. or even earlier by aircraft coming in from the west to land at Heathrow Airport.
- The dBA Leq noise contour figures supplied by the Government and referred to above measure levels of annoyance caused by noise during the course of an average summer day. The Government state that it is not possible to map equivalent contours for night noise disturbance, because there is no widely accepted scale or standard with which to measure nighttime annoyance caused by aircraft noise. However, the Government claim that the maximum “average sound exposure” levels, in decibels (dBA), suffered by each applicant as a result of the seven different types of aircraft arriving at Heathrow before 6 a.m. each morning is as follows: Ms Hatton – 88 dBA; Mr Thake – 88.8 dBA; Mr Hartley – 89.9 dBA; Ms Edmunds – 83.4 dBA; Mr Cavalla (at his previous address) – 94.4 dBA; Mr Thomas – 88.7 dBA; Mr Bird – 87.8 dBA; and Mr Anderson – 84.1 dBA. The Government further claim that the average “peak noise event” levels, that is the maximum noise caused by a single aircraft movement, suffered by each applicant at night are as follows: Mrs Hatton – 76.3 dBA; Mr Thake – 77.1 dBA; Mr Hartley – 78.9 dBA; Ms Edmunds – 70 dBA; Mr Cavalla (at his previous address) – 85 dBA; Mr Thomas – 77.2 dBA; Mr Bird – 76 dBA; Mr Anderson – 71.1 dBA. The Government claim that research commissioned before the 1993 review of night restrictions indicated that average outdoor sound exposure levels of below 90 dBA, equivalent to peak noise event levels of approximately 80 dBA, were unlikely to cause any measurable increase in overall rates of sleep disturbance experienced during normal sleep. The applicants, however, refer to World Health Organisation “Guidelines for Community Noise”, which gave a guideline value for avoiding sleep disturbance at night of a single noise event of 60 dBA1 .
Reports are provided each quarter to members of the Heathrow Airport Consultative Committee, on which local government bodies responsible for areas in the vicinity of Heathrow Airport and local residents' associations are represented.
- RELEVANT DOMESTIC LAW AND PRACTICE A. The Civil Aviation Act 1982 (“the 1982 Act”) 76. Section 76(1) of the 1982 Act provides, in its relevant part: “No action shall lie in respect of trespass or in respect of nuisance, by reason only of the flight of an aircraft over any property at a height above the ground which, having regard to wind, weather and all the circumstances of the case, is reasonable, or the ordinary incidents of such flight, so long as the provisions of any Air Navigation Order ... have been duly complied with ...”
- Air Navigation Orders made under the 1982 Act provide for Orders in Council to be made for the regulation of aviation. Orders in Council have been made to deal with, amongst other matters, engine emissions, noise certification and compensation for noise nuisance.
- Section 78(3) of the 1982 Act provides, in its relevant part: “If the Secretary of State considers it appropriate for the purpose of avoiding, limiting or mitigating the effect of noise and vibration connected with the taking-off or landing of aircraft at a designated aerodrome, to prohibit aircraft from taking off or landing, or limit the number of occasions on which they may take off or land, at the aerodrome during certain periods, he may by a notice published in the prescribed manner do all or any of the following, that is to say – (a) prohibit aircraft of descriptions specified in the notice from taking off or landing at the aerodrome (otherwise than in an emergency of a description so specified) during periods so specified; (b) specify the maximum number of occasions on which aircraft of descriptions so specified may be permitted to take off or land at the aerodrome ... during the periods so specified; ...”
- Restrictions on night flights at Heathrow Airport are imposed by means of notices published by the Secretary of State under section 78(3) of the 1982 Act.
HATTON AND OTHERS v. THE UNITED KINGDOM JUDGMENT 39
FOR THESE REASONS, THE COURT
- Holds by twelve votes to five that there has been no violation of Article 8
of the Convention;
- Holds by sixteen votes to one that there has been a violation of Article 13
of the Convention;
- Holds by fifteen votes to two that the finding of a violation of Article 13
of the Convention constitutes in itself sufficient just satisfaction for any
damage sustained by the applicants;
- Holds unanimously
(a) that the respondent State is to pay the applicants, within three
months, EUR 50,000 (fifty thousand euros) in respect of costs and
expenses, to be converted into pounds sterling at the rate applicable on
the date of settlement, including any tax that may be chargeable;
(b) that from the expiry of the above-mentioned three months until
settlement simple interest shall be payable on the above amount at a rate
equal to the marginal lending rate of the European Central Bank during
the default period plus three percentage points;
- Dismisses by thirteen votes to four the remainder of the applicants' claim
for just satisfaction.
Done in English and in French, and delivered at a public hearing in the
Human Rights Building, Strasbourg, on 8 July 2003.
Luzius WILDHABER
President
