Badge 5,144 Posted February 26, 2014 Just saw this on twitter, looks like the NIMBY's have won the appeal against the Stadium after all: http://www.buryfreepress.co.uk/news/local/latest-news/west-row-couple-win-appeal-over-noise-from-motocross-stadium-in-supreme-court-1-5901679?utm_content=buffer728b2&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer Share this post Link to post Share on other sites
Ray Stadia 1,071 Posted February 26, 2014 Just saw this on twitter, looks like the NIMBY's have won the appeal against the Stadium after all: http://www.buryfreepress.co.uk/news/local/latest-news/west-row-couple-win-appeal-over-noise-from-motocross-stadium-in-supreme-court-1-5901679?utm_content=buffer728b2&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer Well, can't see the house/bungalow being rebuilt with £20k, but they may have insurance money from the 'strange' fire which occurred. Surely, if they had no idea about the stadium they should be suing the estate agent and the vendor. Unless they bought the property when the stadium wasn't operating? But even then, surely the sellers and estate agents should have mentioned speedway used to operate and may return? Odd. 1 Share this post Link to post Share on other sites
Vince 9,459 Posted February 26, 2014 I have been saying for years and have probably done so on this forum that all motorsports need to band together and take a case like this to court but to establish the right to make some noise. It would cost a fortune but the body of people who want to make a noise in pursuit of entertainment is vast and would be an extremely powerful lobby if they worked together. If you could get pilots, gun owners, model car and plane owners and everybody else whose hobby is noisy on board as well no government could afford to ignore them. All these people have various authorities running their sports, it would take a huge effort but I can see no reason why it couldn't happen if the will was there. 11 Share this post Link to post Share on other sites
Tsunami 10,219 Posted February 26, 2014 I have been saying for years and have probably done so on this forum that all motorsports need to band together and take a case like this to court but to establish the right to make some noise. It would cost a fortune but the body of people who want to make a noise in pursuit of entertainment is vast and would be an extremely powerful lobby if they worked together. If you could get pilots, gun owners, model car and plane owners and everybody else whose hobby is noisy on board as well no government could afford to ignore them. All these people have various authorities running their sports, it would take a huge effort but I can see no reason why it couldn't happen if the will was there. Totally agree. Now, even minority minorities have to power to close an established sport that they object too. Noone has mention the bloody immense wall of sound that the US bombers make taking off in the same area. Eventually, though these NIMBYS, all outdoor sport and entertainment will be banned, and life will degenerate to work then home, everyday, like groundhog day. In the last Governments time, was there not a bill passed that sport facilities/stadia had to be considered almost immune from noise complaints and future redevelopment. It's not that long ago when folks like me were applauding this stopping of losing sports facilities. 3 Share this post Link to post Share on other sites
Halifaxtiger 5,318 Posted February 26, 2014 (edited) To my mind, its not those who have contested the case that are in the wrong but those who have made the decision. It beggars belief to me that someone can move into a home, say that they were unaware of the noise or nuisance from a facility nearby (because this isn't just about speedway tracks) and then have it restricted or closed down altogether. Surely the responsibility must lie with the person that has moved in to establish that the locality is to their satisfaction, not for the locality to change to suit their needs when they find that it is not ? The Court of Appeal ruling in this case was a superb example of the practice of common sense and natural justice being applied through our legal process. This decision is completely the opposite: a ridiculous determination that flies in the face of what any sane person would consider to be correct. Its little wonder that many have little faith in the justice system. I think the real point is that this isn't just bad news for Mildenhall. Its bad news for every speedway track in the country, and I really don't see why someone at Edinburgh, for example, couldn't use the case as a precedent for their own action. Edited February 26, 2014 by Halifaxtiger 3 Share this post Link to post Share on other sites
Boobs 140 Posted February 26, 2014 I think the real point is that this isn't just bad news for Mildenhall. Its bad news for every speedway track in the country, and I really don't see why someone at Edinburgh, for example, couldn't use the case as a precedent for their own action. While I'm horrified by this decision, I have to say Edinburgh's existence couldn't be challenged using it as a precedent. Scotland and England have fundamentally different legal systems, even before September 18th. Share this post Link to post Share on other sites
Deano 1,318 Posted February 26, 2014 Bad news yes and a disgrace, but, the stadium didn't come up with proper evidence to their claims by the sounds of it. Also doesn't this just mean it goes back to the appeal court, so any injunction could still get thrown out? The stadium owners had claimed that they had become immune from proceedings as the activities had been continuing for at least 20 years. However, Lord Neuberger said that the evidence “fell well short” of establishing this. He said that, when and if the matter goes back before the judge for further consideration, he should be entitled to consider whether to discharge the injunction and award damages for future nuisance instead. Share this post Link to post Share on other sites
Badge 5,144 Posted February 26, 2014 The problem is, that the stadium owners won the appeal back in 2011, and were awarded £20,000 compensation. The Nimby's were claiming £500k compensation back then!! Can't get the original appeal decision up for reference, and the archives here don't go back that far, but I can remember we were all applauding the judge for finding in the stadium's favour. Sadly, not sure it can go to appeal again!! Share this post Link to post Share on other sites
Guest Posted February 26, 2014 This is a statement on the Mildenhall website: http://www.mildenhallfentigers.co/index.php/news-centre/499-nothing-changes Share this post Link to post Share on other sites
Humphrey Appleby 13,974 Posted February 26, 2014 I have been saying for years and have probably done so on this forum that all motorsports need to band together and take a case like this to court but to establish the right to make some noise. They have. I seem to recall Nigel Mansell got a landmark ruling quashing a noise abatement order on his track a couple of years ago. Share this post Link to post Share on other sites
The Pedaler 149 Posted February 26, 2014 Bad news yes and a disgrace, but, the stadium didn't come up with proper evidence to their claims by the sounds of it. Also doesn't this just mean it goes back to the appeal court, so any injunction could still get thrown out? The stadium owners had claimed that they had become immune from proceedings as the activities had been continuing for at least 20 years. However, Lord Neuberger said that the evidence “fell well short” of establishing this. He said that, when and if the matter goes back before the judge for further consideration, he should be entitled to consider whether to discharge the injunction and award damages for future nuisance instead. Bloody shoddy performance by the promoters if they took a lackadaisical attitude towards the presentation of their case. Shoddy performance by their legal advisers to allow this to happen as well. Bearing in mind the costs of taking things through the legal system all the way to Supreme Court level, you'd have thought that they'd have made every effort to secure their investment in the proceedings. Worryingly, again bearing the costs in mind, it shows that these neighbours must have some cash behind them to pursue this case, as it could cost them a pretty penny if they lose, and the even if they win, they will have had to fund the case to the n'th degree to get that far, before they get any costs awarded to them by the courts. This is no ordinary Mr & Mrs Smith that Mildenhall are up against. Share this post Link to post Share on other sites
Badge 5,144 Posted February 26, 2014 (edited) Just found the original judgement, 2012: http://www.bbc.co.uk/news/uk-england-suffolk-17182211 and on here in 2011: http://www.speedway-forum.co.uk/forums/index.php?showtopic=61677 Edited February 26, 2014 by Badge Share this post Link to post Share on other sites
WembleyLion 417 Posted February 26, 2014 It looks like the NIMBY's also failed to notice the huge Airbase just down the road! The noise from the aircraft totally drowns out any Speedway noise when one flies over the stadium! I didn't appreciate a forklift had been driven into the heating oil tank which caused a fire and destroyed the NIMBY's home - Karma? Share this post Link to post Share on other sites
Vince 9,459 Posted February 27, 2014 They have. I seem to recall Nigel Mansell got a landmark ruling quashing a noise abatement order on his track a couple of years ago. That is still different to establishing that people have a right to make noise for their entertainment. If you could establish that x amount of hours noise a week couldn't constitute nuisance in law the issue would be solved for ever. There are individual cases all over the country where tracks have been allowed to carry on, with or without restrictions, despite noise complaints. That is a different thing though and largely relies on local councils. One that I was involved with was granted 7 day 24 hour opening. That was solely because the local village had a couple of people going around getting everybody to sign their complaint every time the track was used. However when we noticed that there was a complaint for a day when nobody was on site every person who had signed lost the right to have their complaint heard, which was everybody who complained. By then being sensible about days and times of use there have never been any more complaints made. The typical thing there was that there were a couple of very vociferous people who took to the cause and the majority just went along with it because they didn't care much either way and couldn't be bothered to argue. What won't be very popular is that I also believe that motor sport should be seen to take all reasonable steps to keep noise to a minimum that is compatible with their sport and that will change with development in bikes and cars. To my way of thinking the new noise limit on Speedway is justified even if the way it has been achieved might not be. Share this post Link to post Share on other sites
piston197 209 Posted February 27, 2014 A few years back a solicitor bought the old rectory in our village, opposite was a lorry operator, operating just 2 lorries, when his operators licence came up for renewal, the solicitor put in a complaint and tried to get it shut down, it had operated since 1962 and he nearly succeeded, but as the lorry operator had been a resident for his entire life and was well liked , local people made there feelings clear,The court action failed , the solicitor made no friends and was gone in under 3 years, Its the people who complain who make all the noise, who are tolerant say nothing, but are in the majority, it is time the pro lobby was heard, sheer weight of numbers will succeed ! 1 Share this post Link to post Share on other sites
