The judge in a nuisance case in relation to noise generated by a local business raised some very interesting issues which could have relevance to those considering similar types of action.
In this case, a local resident complained about noise nuisance from a speedway venue that was situated close to their property. The speedway venue had originally been built, and had received planning permission, in 1975; albeit that there had been some issues over the years relating to its use vis-à-vis the original activities for which planning permission had been granted. A residential property, called “Fenland” was about 500m from the venue and had been purchased by the complainants. Two months after moving in to their property, the complainants raised the issue of noise nuisance with the local authority with the result that a noise enforcement notice was served on the venue and various modifications to the venue were required to mitigate the noise emanation. This did not resolve the matter, which ultimately ended up in court.
The court examined the arguments and came to some very interesting findings:
The court, in this case, found for the complainant and issued an order for damages and placed an injunction on further operation of the venue in its current form (allowing for the injunction to be lifted if certain specific changes were made).
Matthew Bailey comments: “this judgement gives hope to the beleaguered and also sends a message to local businesses not to rest simply on the paperwork for their planning permission. As the judge said in this case, the speedway venue had not achieved the right by dint of its planning permission to make noise”.
If you would like assistance in relation either to a planning application, or to a nuisance complaint, call Matthew on 01329 822333 for further information.
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