Britcar E petition to protect motorsport venues

[Apple]

http://www.britcar24hr.co.uk/home/hm...plaint-waiver/

[ron1902]

at last some sense..about bl$*dy time

[SWCRacing]

Sense?? Are you sure???

This petition has absolutely ZERO chance of being taken forward!! You CANNOT force someone to give up their common law rights, and that is what this petition is calling for.

Noise pollution is governed by numerous pieces of legislation, both criminal and common law. On the criminal side, the Control of Pollution Act 1974 nd the Environmental Protection Act 1990 are very clear.

The problems circuits ( and for that matter pubs, live music venues etc) have is due to a nuisance being caused by their operations. Their operations are governed and constrained by planning permission and their agreed noise management plans.

You absolutely CANNOT use the fact that someone has moved close to an operation that is causing a nuisance as a defence of causing that nuisance!!!!

And for Britcar to post that on their website is very poor management of the situation. The vociferous minority of complainers in Whittlebury have just been given a golden bullet to use the moment the event breaches their agreed noise management plan!!!!

[ascarracinguk]

theres 2 sides to an argument as ever.

personally I think that if a circuit is operating within its noise limits/planning constraints then people living in the area shouldn't be allowed to complain/try to get the circuit closed or reduce its days, especially if they move into the area with full knowledge the circuit is there.

there was the Wimbledon case a while back where people moved in and dragged the circuit though court even though the track was working within its limits and they knew the circuit was there when they moved in....

...to me that's wholly wrong, personally I would like to see grandfather rights imposed on this sort of thing, so if a track is working within its limits, people moving in don't have the right to do this.

on the flip side there is Mallory which was working outside its limits, so expecting people to sign a waiver if they moved into the area is ludicrous....

...maybe its just in the wording of the epetition...but in its current form it doesn't stand a chance

[Dave Brand]

Originally Posted by SWCRacing

And for Britcar to post that on their website is very poor management of the situation.

. . . and for them to state that "The UK Government Department for Environment, Food and Rural Affairs has released an extremely important e-petition" shows a total lack of understanding of how the system works!

[Slipstick]

The idea behind the petition is nice but completely impractical. And it doesn't help that the petition is so poorly worded. "Innumerate" doesn't mean what the petitioner obviously imagines it does and nor does "legislature" (though I'd quite like to see someone trying to sign both Houses of Parliament before they move into their new house ).

What we could really do with is some way of persuading local authorities and courts that complaints against any business operating within agreed limits should only be considered when the agreements are being renewed (which should be every few years). But I can't see that happening while we have lawyers making their fortunes raising "human rights" and similar claims.

Steve

[lucky scarf]

Using the example of Oulton Park....

I'm thinking of buying the house at Druids, I know the circuit operates Monday to Friday 9 to 5, I currently work so this doesn't bother me, I know the circuit has restrictions between 8.30 and 6.30 on Saturday which is reasonable and can only operate on 4 sundays between 12 and 6.30 pm. Based on this the operation of the circuit won't impact on my amenity so I buy the property. Knowing all of this it should be argued its unreasonable for me to then complain against current activities given that there is no change in circumstances since when I bought the house.

However having bought the house knowing these issues, the Council in its generosity says to MSVR to heck with these restrictions you can do what you want and curfews become a thing of the past and more action takes place late into the evening and on Sundays. Having bought the house knowing these current restrictions and having weighted up the pros and cons it can be argued that these changes have an impact on my amenity value and challenged.

The wording on this petition effectively says life's tough and effective noise management by operators and councils is irrelevant and just turn it up to the max as its as a circuit.

Probably as unreasonable as the person who buys the house next to the circuit and asks for current activities to be restricted.....

There is a happy medium to be had which unfortunately this petition doesn't come near.

[Dan Friel]

Who started this petition, surely no connection with any race organiser? And is that Britcar press release actually real? Both will do much more harm than good...

[drewchef]

Originally Posted by Dan Friel

Who started this petition, surely no connection with any race organiser? And is that Britcar press release actually real? Both will do much more harm than good...

Somebody should tell Britcar that the petition is to the Govt. not from.