All the trouble race circuits have had, over the last few years, with people moving next to them then complaining about the noise has at last had some good news and a some common sense judgement
Quote from page linked below:
Lord Justice Jackson said the stress and cost of the couple’s two-and-a-half-year struggle through the courts were both “huge”, and told the court: “The outcome of this litigation will be a disaster for the claimants, a fact which I regret”.
But he added: “On the other hand, their predicament is a consequence of their decision to purchase a house in an area where motor sports were an established activity”.
The couple are adamant that, when they bought their home,just 500 metres from the track, in January 2006, they were blissfully unaware that speedway, stock car racing, banger racing and motocross were going on nearby.
But Lord Justice Jackson said that was “most surprising” when all relevant planning permissions, going back to 1975, and certificates of lawful use were available for inspection on the local authority’s register.
And he observed: “It is a matter of prudence, indeed basic common sense, to inspect that register before purchasing a property in a rural location”.
Whilst emphasising that he was making no finding of dishonesty against Mr Shields or Ms Lawrence, the judge said the motor sports use “was or should have been apparent to the purchasers and the purchasers’ professional advisers”.
Dismissing the couple’s damages action, the judge, sitting with Lords Justice Mummery and Lewison, concluded: “The noise of motor sports emanating from the track and the stadium are an established part of the character of the locality”.
Full Article: http://singletrackworld.com/forum/topic/bad-day-for-nimbys
Quote from page linked below:
Lord Justice Jackson said the stress and cost of the couple’s two-and-a-half-year struggle through the courts were both “huge”, and told the court: “The outcome of this litigation will be a disaster for the claimants, a fact which I regret”.
But he added: “On the other hand, their predicament is a consequence of their decision to purchase a house in an area where motor sports were an established activity”.
The couple are adamant that, when they bought their home,just 500 metres from the track, in January 2006, they were blissfully unaware that speedway, stock car racing, banger racing and motocross were going on nearby.
But Lord Justice Jackson said that was “most surprising” when all relevant planning permissions, going back to 1975, and certificates of lawful use were available for inspection on the local authority’s register.
And he observed: “It is a matter of prudence, indeed basic common sense, to inspect that register before purchasing a property in a rural location”.
Whilst emphasising that he was making no finding of dishonesty against Mr Shields or Ms Lawrence, the judge said the motor sports use “was or should have been apparent to the purchasers and the purchasers’ professional advisers”.
Dismissing the couple’s damages action, the judge, sitting with Lords Justice Mummery and Lewison, concluded: “The noise of motor sports emanating from the track and the stadium are an established part of the character of the locality”.
Full Article: http://singletrackworld.com/forum/topic/bad-day-for-nimbys
Liverpool
