NIMBY gets a thumping in court!!

[Al Weyman]

Could the tide be turning?
http://www.newmarketjournal.co.uk/ne...ills_1_3566180

[Steven Humphrey]

Anyone who's 'blissfully unaware' that they've bought a house 500m from a stock car stadium doesn't deserve a penny.

[Aysedasi]

You have to say they really were rather silly - firstly to buy the place (when not motorsport fans) and second to puruse this claim in the face of the history of the area and the venue. Me, I'd be looking very carefully at the advice I received from own lawyer......

[Steve Gibson]

So how the hell did the people who live a similar distance from Croft win!

[Tim Falce]

Originally Posted by Aysedasi

You have to say they really were rather silly - firstly to buy the place (when not motorsport fans) and second to puruse this claim in the face of the history of the area and the venue. Me, I'd be looking very carefully at the advice I received from own lawyer......

I thought that's what you paid search fees for.

[Al Weyman]

Originally Posted by Steve Gibson

So how the hell did the people who live a similar distance from Croft win!

Well these people won the first time round and got awarded £20k, that has since been taken back and they have been ordered to pay costs so maybe in the light of this BARC may want to challenge the previous court ruling. Maybe someone should alert them to this story if they dont know already. This whole act was an ill worded attempt by the Labour goverment to stop nuisance neighbours on council estates etc having parties till 4 am in the morning. That side has failed miserably as they generally dont have the balls to persue the complaint.

[Aysedasi]

Originally Posted by Tim Falce

I thought that's what you paid search fees for.

Exactly....

[Al Weyman]

A friend of mine bought a house and her solicitor failed to warn her of the proposed M25 widening that nearly bought it into her back garden. She waged a long campaign and got nowhere.

[Clive Brown]

That's because complaints against solicitors are investigated by.... other solicitors.

Never smile at the crocodile

[ChrisPage]

Just the sheer arrogance of saying, 'yeah so, we erm, just moved in yeah, and we didn't know you all were here with your cars and bikes yeah? So, because of that, can you all stop, just for us yeah coz we didn't know?'

That's before you even factor in the blindingly obvious - that you either knew full well, or are incredibly stupid.

[Tim the Grey]

Clive? I used to know a bloke who investigated lawyers.
He reckoned half his cases were barking punters, and the rest were barking lawyers. He hated it.

Anyway, my Mrs. said first up, "Why didn't they do a local search?". I suspect someone 'saved' some money, and then tried it on!

So, Croft, and Castle Combe, and Donington, and Brands, here is the precedent. Go take the incomer NIMBYs to the cleaners!

[Al Weyman]

Dont forget to add Brands and Rockingham into that. Rockingham was a joke on noise last time I was there and the bloody place is in the middle of an industrial estate FFS. I went to Daytona in September and the place isnt miles out of town no way its in the town next door to the airport and all the racing is on open pipes and guess what the town and people address and relish the venue and probably make good money from it as well. All this putting venues out in the middle of nowhere doesnt help, maybe better to put them in towns where people are used to a bit of noise.

[Tim the Grey]

Most UK circuits are old airfields, remember! They tended to be 'out of town'...
The most ridiculous noise complaint from incomers I've heard of, is at Kemble/Cotswold Airport? They've bought ex MOD houses, cheap, and now want the airport to shut down!!! It has been a working airfield for 70 odd years, these folks have lived there less than 10.

[IAN #51]

Originally Posted by Steve Gibson

So how the hell did the people who live a similar distance from Croft win!

From what I remember Croft was working outside its agreed planning permission !

Ian

[ascarracinguk]

Originally Posted by IAN #51

From what I remember Croft was working outside its agreed planning permission !

Ian

from what i can remember the residents argued that since moving in the number of days that the track was used had gone up significantly...they won their case on those grounds

[Al Weyman]

Originally Posted by Tim the Grey

Most UK circuits are old airfields, remember! They tended to be 'out of town'...
The most ridiculous noise complaint from incomers I've heard of, is at Kemble/Cotswold Airport? They've bought ex MOD houses, cheap, and now want the airport to shut down!!! It has been a working airfield for 70 odd years, these folks have lived there less than 10.

Crystal Palace wasnt Tim. Or Brooklands.

[GORDON STREETER]

Originally Posted by Al Weyman

Crystal Palace wasnt Tim. Or Brooklands.

Brooklands was one of Britains first airfields !

[Woolley]

Originally Posted by ascarracinguk

from what i can remember the residents argued that since moving in the number of days that the track was used had gone up significantly...they won their case on those grounds

From what I remember the residents got divorced from someone connected with the track and didn't get the CD collection to drown out the noise. Or something like that.

[Al Weyman]

Also didnt he work at the track and get sacked so there was some vindictiveness and revenge motive involved.

[djinvicta]

Did they not realise there is nothing else worth going to Mildenhall for?

[terence]

In that case perhaps this new ruling will help overturn any previous findings? One lives in hope!

[johngee]

Knowing the workings of the law - "Don't hold your breath"
Whilst it's an important step forward in terms of 'precedent', it's a big step to overturn previous decisions/rulings. The important thing is the degree of 'sanity and common sense' in this case and that hopefully will stem the tide of future frivilous and vexatious claims. Here's hoping!

[Cynic]

Originally Posted by Woolley

From what I remember the residents got divorced from someone connected with the track and didn't get the CD collection to drown out the noise. Or something like that.

IIRC correctly they were the parents of the circuit managers ex-wife. Any half competent lawyer would have got the case thrown out on conflict of interest grounds... It was also slightly differerent as in that case the complaint was about the use of the track during the week (track days etc). The case in Mildenhall appears to be over the existence of the track full stop.

It's still in growing problem. Thruxton and Castle Combe have well documented problems with noise issues and even Monza had someone try to put a noise abatement order on it a few tears back! There is a real need for some sort of legislation to be put in place that would give sports venues grandfather rights unless real problems can be proven and verified.

[Dave Brand]

Originally Posted by johngee

The important thing is the degree of 'sanity and common sense' in this case and that hopefully will stem the tide of future frivilous and vexatious claims. Here's hoping!

Law? Sanity? In the words of Groucho Marx, there ain't no sanity clause!

[johngee]

You could do worse than read one of my favourite quotes on my Facebook profile

"If you want justice - go to a brothel. If you want to get f****d - go to court"