Page 1 of 4 1234 LastLast
Results 1 to 10 of 31

Thread: A sad day in motorsport...

  
  1. #1
    Status
    Offline
    willbaroo's Avatar
    AOC Obsessed
    Join Date
    May 2006
    Posts
    4,477
    Mentioned in
    0 Post(s)
    Quoted
    0 Post(s)

    A sad day in motorsport...

    Croft Circuit loses noise appeal

    11:24am Monday 26th January 2009

    A RACING circuit today lost its appeal against having to pay damages to a couple and their daughter who say their lives have been blighted by noise from the track.

    Croft Circuit, near Darlington, were also hit with an injunction, restricting "noisy activities" at the track to just 40 days-a-year.

    Derek and Julia Watson and their daughter, Jill Wilson, all live within about 300 metres of the circuit, in Dalton-on-Tees, and say their enjoyment of their homes has for years been gravely affected by the "loud, intrusive and repetitive noise".

    In an extremely rare decision in April last year, High Court judge, Mr Justice Simon, ruled all three had been victims of "noise nuisance" and ordered the circuit's tenants - Croft Promo-Sport Ltd - to pay Mr and Mrs Watson £109,600 damages, and Mrs Wilson £40,000.

    Croft Promo-Sport had its appeal against that order dismissed by judges today.

    The company also faces massive legal costs bills. The Watsons and Mrs Wilson were represented by top QC, David Hart, and their legal costs bills alone have been put at around £700,000.

    At London's Appeal Court, Croft Promo-Sport had argued that Mr Justice Simon was "plainly wrong" to rule in favour of the Watsons, who live at "Pond House", Vince Moor East, and their daughter, whose adjacent home is called "The Granary".

    Richard Jones QC, for the company, argued that 1963 and 1988 planning permissions granted for the race track - formerly a World War 2 aerodrome and first used for racing in 1949 - had "changed the character" of the area to such an extent that the noise levels were reasonable.

    He added that noise and other issues relating to the racetrack had been carefully considered by expert planning inspectors during two public inquiries and a balance struck between the interests of local residents and the public amenity value of the circuit.

    The QC said the court decision would have serious implications for the future use of the racetrack and had left Croft Promo-Sport not only exposed to enormous legal costs bills, but also open to other potential claims by an "uncertain number" of other neighbouring landowners.

    However, Appeal Court judge, Sir Andrew Morritt, today said he could find no legal flaw in Mr Justice Simon's conclusion that the Watsons and Mrs Wilson had suffered an "actionable nuisance".

    Sir Andrew, sitting with Lord Justice Richards and Lady Justice Hallett, also ruled it was "illogical" of Mr Justice Simon to deny the trio an injunction, restricting the number of days to 40 on which "noisy activities" can take place at the racetrack.

    Croft Promo-Sport were refused permission to appeal further to the House of Lords and ordered to pay more than £120,000 in legal costs straight away. That will be only a fraction of the total lawyers' bills faced by the company.

    The objection by the Watsons and Ms Wilson was not to car and motorbike racing events, which take place on the track on about 45-50 days-a-year, but to "vehicle testing days" and "track days", when members of the public drive cars around the track all day long at high speed.

    Croft Promo-Sport Ltd has a leasehold interest in the circuit, which is managed by Croft Classic and Historic Motor Sports Ltd (CCHM). CCHM was set up in 1994 by Mr Jimmy Wilson - who was married to Jill Wilson between 1987 and 1994 - along with Trevor Chaytor-Norris and his wife Katherine, who is the owner of the Croft Motor Circuit.

  2. #2
    kr00zin_uk
    kr00zin_uk's Avatar
    Well you have to think of the welfare of the residents nearby, they might have been living there since before it opened and then had trouble selling if they wanted to. I don't think an outright ban is reasonable though (people have to go somewhere to enjoy motor sport), perhaps just a reduction in allowed days (like once a month or something).

    I just wish that noisy exhaust systems and subs would be banned or at least severely limited! I have no problems with any other type of mod, but I don't see why some people have no respect for others and have to inflict unnecessary noise on people around them.

  3. #3
    Status
    Offline
    Burger Boy's Avatar
    AOC Obsessed
    Join Date
    Nov 2006
    Posts
    4,879
    Mentioned in
    0 Post(s)
    Quoted
    0 Post(s)
    im dreading the locals of castle to kick up a fuss now. imo if you move close to a circuit or airfield then you have to expect noise.
    Castle Combe Saloon Car Championship. Car 21, pug 106 GTI. Gone from track days to full on racing

  4. #4
    Status
    Offline
    Dan22's Avatar
    AOC Fanatic
    Join Date
    Nov 2007
    Posts
    656
    Mentioned in
    0 Post(s)
    Quoted
    0 Post(s)
    thats ridiculous, they must have known it was a race circuit before they moved in so its their own fault if the don't like the noise.
    you don't get people moaning at the train companies if they live beside a railtrack do you, coz its their own choice

  5. #5
    Status
    Offline
    astracolli's Avatar
    AOC Obsessed
    Join Date
    Mar 2008
    Posts
    5,300
    Mentioned in
    0 Post(s)
    Quoted
    0 Post(s)
    BIt ridiculous tbh, they chose to live there and how many years did it take for this case to come around?


    Vectra SRi 1.9 CDTi (150).
    Tinted Windows, Richbrook Gear Knob & Tax Disc Holder.
    Flip down sunglasses Holder.
    6000K HID's, Chilled Glovebox, CD70 Navi, Debadged, Samco Hoses.


  6. #6
    Status
    Offline
    bigstring's Avatar
    AOC Obsessed
    Join Date
    May 2008
    Posts
    4,156
    Mentioned in
    0 Post(s)
    Quoted
    0 Post(s)
    I moving to a race circuit, sorry but need the money....

    You watch every mother and there dog will be at it now....

    this will just encourage more street racing so dont be surpised to see a F1 car go down your street some time soon..........result
    Celica T-Sport , Audi S3 , scania r series

  7. #7
    Status
    Offline
    Keif's Avatar
    Going Topless!
    Join Date
    Jun 2003
    Drives
    Astra 1.8 Twintop, Lotus Carlton, Meriva VXR and Nova
    Posts
    11,742
    Mentioned in
    1 Post(s)
    Quoted
    11 Post(s)
    Quote Originally Posted by kr00zin_uk View Post
    Well you have to think of the welfare of the residents nearby, they might have been living there since before it opened
    Taken from Crofts website.
    Racing at Croft can be traced back as far as the 1920s, when cars were in their infancy. But it was World War II which signified Croft's partnership with automata.
    So they'd have had to have lived there a LONG time.

    However it's only relevent from approx March 2000.

    The legal bit.

    The Claimants' case in summary is that the Defendant has wrongfully caused or permitted excessive noise of a loud, intrusive and repetitive nature for a period since at least March 2000. The Circuit is operated for about 190-200 days a year. On approximately 140 of these days (referred to as N1-N4 days) there is racing activity which produces high levels of noise. The noise on these days constitutes a nuisance throughout the day at levels which exceed what is reasonable by a considerable margin. In the spring, summer and early autumn months there is, on average, activity of some sort on 2 out of 3 days. The Claimants say that this activity severely limits the enjoyment of their homes. They seek injunctive relief to restrict such nuisance, as well as damages. The injunctive relief does not seek to prohibit the use of the Circuit entirely; but to restrict its use to what is said to be reasonable: namely 40 N1-N4 days and unlimited N5 days in each season (from March to November).

    Call me cynical.

    "Derek and Julia Watson and their daughter, Jill Wilson, all live within about 300 metres of the circuit, in Dalton-on-Tees,"

    "Croft Promo-Sport Ltd has a leasehold interest in the circuit, which is managed by Croft Classic and Historic Motor Sports Ltd (CCHM). CCHM was set up in 1994 by Mr Jimmy Wilson - who was married to Jill Wilson between 1987 and 1994"

    Alan Gow's take on the situation.
    The judgement will unfortunately have the effect of further restricting the number of days to 40 that they can run 'noisy' activities at the circuit - thus greatly reducing their ability to earn the necessary revenue required to operate the venue.

    So the effect it could potentially have is that Croft, as either a venue itself or the company that currently runs it, ceases to exist as a result of the very severe (negative) financial and practical impact of this judgement. And the consequences of that happening, for all of British motorsport, does not bear thinking about.

    In my personal point of view, it's a totally misguided decision and a real travesty of justice - we can all only hope that Croft will find a way forward to continue to exist. If the venue and its current operators are able to do so then of course the BTCC will continue to feature Croft on our calendar, as they have our full support.
    VERY sad decision for British Motorsport.

  8. #8
    kr00zin_uk
    kr00zin_uk's Avatar
    Quote Originally Posted by Keif View Post
    Taken from Crofts website.
    Racing at Croft can be traced back as far as the 1920s, when cars were in their infancy. But it was World War II which signified Croft's partnership with automata.
    So they'd have had to have lived there a LONG time.
    Sorry matey, as much as I love reading large posts, I skim read it, so I appologise!

    Obviously if the track was there before the residents, then the residents should have nothing to stand on because it was their choice.

    However, that being said, thay may well have moved in and not known about it, because the noise probably isn't 24/7/365...

    All I know is I couldn't live next to noise like that and knowing my luck, I would probably have trouble selling if I wanted to move.

  9. #9
    Status
    Offline
    Burger Boy's Avatar
    AOC Obsessed
    Join Date
    Nov 2006
    Posts
    4,879
    Mentioned in
    0 Post(s)
    Quoted
    0 Post(s)
    a race track isnt exactly easy to miss. its their own fault for not checking the surrounding area. 300m away christ you can see the track.
    Castle Combe Saloon Car Championship. Car 21, pug 106 GTI. Gone from track days to full on racing

  10. #10
    Status
    Offline
    pepe's Avatar
    AOC Obsessed
    Join Date
    Sep 2006
    Posts
    2,419
    Mentioned in
    0 Post(s)
    Quoted
    0 Post(s)
    Quote Originally Posted by bigstring View Post

    this will just encourage more street racing so dont be surpised to see a F1 car go down your street some time soon..........result
    LMFAO

Page 1 of 4 1234 LastLast

Similar Threads

  1. CG motorsport
    By sharpee in forum Turbo Petrol Engines inc. Transmissions
    Replies: 1
    Last Post: 30-04-2010, 00:19

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •