NIMBYs win at Croft

Discussion in 'UK Motorcycles' started by antonye, Jan 19, 2009.

  1. antonye

    antonye Guest

    antonye, Jan 19, 2009
    #1
    1. Advertisements

  2. antonye

    Pete Fisher Guest

    In communiqué
    As in other similar cases (Silverstone springs to mind), it is the track
    days that the complainants are objecting to not the 40/50 races a year.

    Note that this is a common law case, not a local authority statutory
    nuisance or planning action.

    I'll give a full treatise on the concept of 'Best Practicable Means' and
    how it doesn't apply in common law nuisance actions if you like.

    You generally need deep pockets to even consider starting such an
    action.

    --
    +----------------------------------------------------------------+
    | Pete Fisher at Home: |
    | Voxan Roadster Gilera Nordwest * 2 Yamaha WR250Z |
    | Gilera GFR * 2 Moto Morini 2C/375 Morini 350 "Forgotten Error" |
    +----------------------------------------------------------------+
     
    Pete Fisher, Jan 19, 2009
    #2
    1. Advertisements

  3. antonye

    Eddie Guest

    Legal fees of £700K?!
    We can only hope that other neighbours are slightly more sensible about
    it, or I can't see Croft surviving.

    At the very least, I think the price of trackdays at Croft will be going
    up again.
     
    Eddie, Jan 19, 2009
    #3
  4. antonye

    Colin Irvine Guest

    Well I wouldn't mind the concise edition.
     
    Colin Irvine, Jan 19, 2009
    #4
  5. antonye

    antonye Guest

    Well it did say that costs were awarded at £700,000 so it seems that
    the lawyers were winners in this one too ;-)

    My point was that if one resident has successfully claimed, it will
    open the floodgates for other residents in the same vicinity to push
    for claims, and encourage those living near other tracks to also make
    similar claims; especially given the large sums involved.

    Given the tight budgets that tracks run to, and the smaller track's
    reliance on trackdays to increase income, it may well mean the death
    of a lot of smaller tracks if such claims are successful.

    Castle Combe has always been a target and I read somewhere that even
    Cadwell was recently named in a new case!
     
    antonye, Jan 19, 2009
    #5
  6. antonye

    Adrian Guest

    It doesn't appear to be quite that simple...
    (apart from the fact that there aren't many other neighbours...)

    http://www.richardbuxton.co.uk/v3.0/?q=node/334

    The couple bought the house in 1990, when the circuit was more-or-less
    closed. It re-opened a few years later, and they've been in fairly
    constant dispute since then - the 1998 limits on the number of days for
    various noise levels came from a legal agreement with them. Somehow,
    though, that didn't stop them buying the other house for their daughter
    (the other claimant) in 2000 - coincidentally, the year that the circuit
    saw most use...

    Now, d'you think it's pure coincidence that that daughter was married to
    the developer of both the circuit and those houses in the early '90s,
    then underwent a messy divorce from him, BEFORE buying that house and
    moving in...?
     
    Adrian, Jan 19, 2009
    #6
  7. antonye

    Pete Fisher Guest

    In a nutshell.

    The Local Authority can[1] serve a Section 80 Environmental Protection
    Act 1990 Statutory Nuisance Notice when satisfied that there is "noise
    amounting to a nuisance" from premises.

    A defence is to show that the "best practicable means" have been taken
    to prevent said nuisance. In terms of a race circuit that may mean
    controlling individual vehicle noise levels, noise barriers such as
    earth mounds etc, and limits on hours of operation.

    On direct application for a common law high court injunction by the
    complainants, no such defence is available to the respondents.

    The floodgates in this particular case could be the awarding of
    compensation, rather than an injunction restraining the operation, say
    by limiting the number of days racing, or testing, or other noisy
    activity can take place. That is unusual.

    The report doesn't make it clear, but as they got compensation I wnder
    if they also got an order for Croft to pay their costs (seeing as how
    they 'won'). So effectively not 150,000 but 850,000 to find.


    Want some case law precedents for the concept of "coming to a nuisance"
    (NO !), as well ?

    [1] In fact the legislation says "shall" serve a notice. No idea what
    the LA have done in this case.
    --
    +----------------------------------------------------------------+
    | Pete Fisher at Home: |
    | Voxan Roadster Gilera Nordwest * 2 Yamaha WR250Z |
    | Gilera GFR * 2 Moto Morini 2C/375 Morini 350 "Forgotten Error" |
    +----------------------------------------------------------------+
     
    Pete Fisher, Jan 19, 2009
    #7
  8. antonye

    Pete Fisher Guest

    In communiqué
    Quite. The unusual aspect is the awarding of compensation rather than
    an injunction applying restraints.
    If they live just as close and are subject to the same noise
    level/incidence/duration, possibly.
    Indeed. It is an increasing tend given the almost daily track days at
    some circuits now. The state of affairs is not the same as it was when
    some residents moved in - though that may not be so in his specific
    case.


    --
    +----------------------------------------------------------------+
    | Pete Fisher at Home: |
    | Voxan Roadster Gilera Nordwest * 2 Yamaha WR250Z |
    | Gilera GFR * 2 Moto Morini 2C/375 Morini 350 "Forgotten Error" |
    +----------------------------------------------------------------+
     
    Pete Fisher, Jan 19, 2009
    #8
  9. antonye

    Pete Fisher Guest

    That's logical.

    The solicitors enquiries on that house sale would make interesting
    reading.

    No. Malice, is a factor that can be taken into account in deciding if
    somebody is causing nuisance. A bit trickier to prove the other way.


    --
    +----------------------------------------------------------------+
    | Pete Fisher at Home: |
    | Voxan Roadster Gilera Nordwest * 2 Yamaha WR250Z |
    | Gilera GFR * 2 Moto Morini 2C/375 Morini 350 "Forgotten Error" |
    +----------------------------------------------------------------+
     
    Pete Fisher, Jan 19, 2009
    #9
  10. Odd mention in the comments about one of the complainants, Mrs Wilson?,
    being an ex of the former manager of Croft. Strikes me there's more to
    this than meets the eye, but it's a pity everybody else's enjoyment
    might be hit.

    More broadly, what kind of **** moves next to a facility then complains
    about the noise of that very place? Not unknown, but honestly, these
    arseholes are just so 1.stupid, 2.calculating.
    Depends on how many grasping cunts are in the country.

    Oh... that's fucked it then.
     
    Grimly Curmudgeon, Jan 19, 2009
    #10
  11. antonye

    Colin Irvine Guest

    Super - thank you.
     
    Colin Irvine, Jan 19, 2009
    #11
  12. antonye

    Beav Guest

    Resident wins £150,000 compensation for noise problems at Croft:
    http://www.thenorthernecho.co.uk/news/4055046.Fears_for_future_of_racing_circuit/

    Open the floodgates?

    It's just another fucking twat trying to stop others having some fun.

    We constantly read in the bike rags "Don't speed on the roads, take your
    toys to a track", so now that track days at Croft appear to be at risk, can
    we expect the A1 to become a starting grid?


    --
    Beav

    VN 750
    Zed 1000
    OMF# 19
     
    Beav, Jan 19, 2009
    #12
  13. antonye

    Eddie Guest

    Beav wrote:
    < snip everything >

    Oi, Beav: apparently it isn't just ogden's posts that you can't quote
    correctly.

    I think I see a common factor...
     
    Eddie, Jan 20, 2009
    #13
  14. antonye

    Shaun Guest

    Croft's biggest problem is its controlled by Richmondshire District
    Council, who basically think "All Creatures Great and Small" is a
    modern cutting edge documentry. If it was a couple of miles West and
    in Darlington Borough Council's area it would get far more sympathy
    and have money thrown at it.
     
    Shaun, Jan 20, 2009
    #14
    1. Advertisements

Ask a Question

Want to reply to this thread or ask your own question?

You'll need to choose a username for the site, which only take a couple of moments (here). After that, you can post your question and our members will help you out.