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Halifaxtiger

E Petition On Noise And Residency Near Motor Sport Stadiums

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These legal statements never seem to make sense, however, I would suggest, had the owners of Mildenhall Stadium abided by the extent of their planning permission and had used common sense, had bent over backwards to try and keep their neighbours happy, the court would have been more likely to have been on the side of the stadium.

 

I have signed the petition.

 

I don't think it was even a case of bending over backwards. Holding banger racing til 1am and then cars being loaded onto trailers until 3am is clearly unacceptable in any reasonable human being's book.

 

As for this petition, the fact that the Supreme Court has rules than Mildenhall couldn't use the fact that the neighbours had come to the nuisance as a defence, suggests it is highly unlikely a law will be passed forcing homeownsers to waive their right to complain about the noise from a nearby venue.

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This whole issue of people buying houses and then making complaints after they move in have been a constant problem over the last 20 or so years Not just with sports stadiums, but general run of the mill things in life.

I remember quite well a case near to me where they built a new estate, behind some existing houses. One old man who lived in those houses had kept and shown poltry all his life, living in his house for over 50 years. A few of the residents of the new houses, who where white colour workers who brought property around here and commuted to work in Birmingham, because property prices around here where so much cheaper. Complained about his cockerals crowing and waking them up early in the morning.

They took it to court and the poor old sod lost his case and had to get rid of his life's hobby.

I knew him quite well and it broke him, he died that same year, all because of a few heartless sads that had moved in.

They should look before they buy, it is very sad that we now live in a society, of winging winers, that have nothing better to do, than try their best to stop people enjoying the things that they have been doing, at that very place that is offensive to them.

If they don't like what is around them then they should, pack up their belonings and go and live in a house miles away from anything.

But with a bit of luck, they would them build a moterway at the bottom of their garden.

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You're right, but wasn't it more the case that Mildenhall didn't have any specific noise restrictions in their planning permissions, therefore they had to ensure they were not causing a nuisance due the usual course of their actions? Coupled with the fact that their whole defence seemed to be "we were here first" which the courts roundly rejected.

 

As an outsider, it would seem that an amicable arrangement could have been agreed long before this reached court.

 

Part of Mildenhall Stadium's defence was that they had planning permission to make noise. That's why the judgement had to deal with the issue.

 

The thing is here is that the arguments put forward by the stadium seemed to me to make perfect sense and the petition reflects that.

 

Firstly, planning permission should not just be treated as irrelevant. When a planning application is made, it details what precisely is being requested and what it is going to happen. The application is usually published in the press and the locality (on lamp posts and the like). Its then considered by the councils planning officer after making a number of tests, and his results are similarly published. Finally, the application itself is judged by a committee of elected officials at a hearing which is also public. It should count (and I'd say for an awful lot) otherwise the stadium (or whatever) can be nicked for not having planning permission and if they have it............they can be nicked anyway.

 

The second point is purchaser responsibility - because, basically, there isn't any. 'We were here first', to me, is entirely relevant and, indeed, persuasive. In this case, it was shown that the home owners were told about the existence of stadium by the estate agent and the previous owner and, as anyone who has been to Mildenhall will tell, its almost impossible to believe that they didn't see it, given that they had to drive right past to get to the house. Surely there must be some onus on a person buying a house to ensure that it is suitable for them before they move in ?

 

Finally, in this case those who created the problem have been found to be in the right. The stadium had been there for 30 years before they moved in and although it is my understanding that there had been complaints before hand, they never got to the legal stage. Thus, the fact that they moved in created the issue with the noise. It must be rare in the legal world for a person to create a problem yet be given judgement.

 

I think there were attempts to solve the matter and much was made of the intransigence of the stadium owner. I have, admittedly, only one side of the story but my understanding is that the stadium would have been uneconomic if the house owners had got their way, so restrictive were the conditions that they wanted.

 

The way I see it, this petition is an attempt to both ensure that planning permission has considerable weight and that there must be a responsibility on the part of someone moving in to establish the circumstances relating to their new home before they move in. To me, that is entirely reasonable when the law at the moment is anything but.

 

I don't think it was even a case of bending over backwards. Holding banger racing til 1am and then cars being loaded onto trailers until 3am is clearly unacceptable in any reasonable human being's book.

 

As for this petition, the fact that the Supreme Court has rules than Mildenhall couldn't use the fact that the neighbours had come to the nuisance as a defence, suggests it is highly unlikely a law will be passed forcing homeownsers to waive their right to complain about the noise from a nearby venue.

 

I certainly heard noise as late as that and, to be fair, that is unreasonable.

 

At present, the law relies on binding case law - the judgement is full of it. That means that you can actually initiate legislation to change the legal position.

 

For what its worth, I don't think you can make a homeowner sign some sort of legal guarantee that they won't complain. What you can do, though, is ensure that planning permission is given the weight it deserves if a complaint is made and the fact that a person has moved in next to a stadium is treated as an important factor.

 

In the Mildenhall case, both of those arguments were entirely brushed aside as worthless and that simply can't be right.

Edited by Halifaxtiger
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This whole issue of people buying houses and then making complaints after they move in have been a constant problem over the last 20 or so years Not just with sports stadiums, but general run of the mill things in life.

Don't I know it. Turns out that a new neighbour of mine is very anti-motorbike and has complained time and again to me about the 'excessive noise, which must be illegal" of my BSA. He's even tried to get other neighbours to side with him, with no success so far. It's no coincidence that the last time I rode it, the police were waiting in the next road to stop me and check that I and it were road legal because they had had a report of "anti-social, possibly illegal biking". They found nothing untoward. I only ride it in daylight hours so why can't he live and let live?
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You're right, but wasn't it more the case that Mildenhall didn't have any specific noise restrictions in their planning permissions, therefore they had to ensure they were not causing a nuisance due the usual course of their actions? Coupled with the fact that their whole defence seemed to be "we were here first" which the courts roundly rejected.

 

As an outsider, it would seem that an amicable arrangement could have been agreed long before this reached court.

The Law really is an ass sometimes. :sad: :sad: :sad:

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Don't I know it. Turns out that a new neighbour of mine is very anti-motorbike and has complained time and again to me about the 'excessive noise, which must be illegal" of my BSA. He's even tried to get other neighbours to side with him, with no success so far. It's no coincidence that the last time I rode it, the police were waiting in the next road to stop me and check that I and it were road legal because they had had a report of "anti-social, possibly illegal biking". They found nothing untoward. I only ride it in daylight hours so why can't he live and let live?

Because he's an a##ehole that's why.

 

Petition signed, it's not only speedway but all Motorsport Venues that are affected.

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In the case of the objection of Mildenhall Speedway because of the noise that perhaps lasts for 2 hours on a Sunday afternoon for the summer months. Go just across the road and you have the USA base which is the busiest US base in Europe This operates 24 hours a day 365 days a year. Why do nobody object to this . Do Speedway bikes make more noise than jet planes. This case should have been laughed out of court.

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In the case of the objection of Mildenhall Speedway because of the noise that perhaps lasts for 2 hours on a Sunday afternoon for the summer months. Go just across the road and you have the USA base which is the busiest US base in Europe This operates 24 hours a day 365 days a year. Why do nobody object to this . Do Speedway bikes make more noise than jet planes. This case should have been laughed out of court.

Governments and their puppet masters don't have to abide by the laws that apply to the general population. Your comments illustrate this fact perfectly...

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Governments and their puppet masters don't have to abide by the laws that apply to the general population. Your comments illustrate this fact perfectly...

Spot on BP. :t:

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Guest

In the case of the objection of Mildenhall Speedway because of the noise that perhaps lasts for 2 hours on a Sunday afternoon for the summer months. Go just across the road and you have the USA base which is the busiest US base in Europe This operates 24 hours a day 365 days a year. Why do nobody object to this . Do Speedway bikes make more noise than jet planes. This case should have been laughed out of court.

 

I think a lot of complaints JUST MIGHT relate to clearance of the track/stadium work on Saturday nights after the small oval car meetings have finished. I don't know how accurate this is but I recall hearing that this sometimes went on until 3 a.m on a Sunday morning. However, I add, I have attempted to get clarification of this time without success, so it could well be rumour. I have also been told that some people living in the Mildenhall Stadium area are unhappy that car races also take place on Saturday evenings. :unsure:

Edited by Guest

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Guest wolfhound

Taking this topic a step further, what will householders do next, try to remove a railway line because locomotives sound their horns as they pass by!

This anti-motorsport thing is getting out of hand and the petition needss to be signed by as many motorsports enthusiasts throughout the UK as possible.

So I will say, if you have NOT yet signed the petition do so for if you do not add your support, motorsports could eventually die out in the UK if these NIMBYS were to get their way!

Don't wait to sign it, DO IT NOW!!!

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As regarding to train drivers blowing there horns, except for emergency it is not permitted from 23:00 I believe.

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