Joined Feb 2007
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Rovrum S,Yorks Eng
£860,000 blow as racetrack loses case
8:03am Tuesday 27th January 2009
MOTORSPORT events throughout the country could be threatened after a landmark High Court ruling yesterday went against Croft Circuit, near Darlington.
Track bosses have launched a racetrack review after the circuit – the only national championship venue in the region – was hit with a huge fine for noise pollution.
Croft Promosport has been ordered to pay damages and legal costs totalling nearly £860,000, in a decision that leaves it and other circuits open to further claims.
Derek and Julia Watson and their daughter, Jill Wilson, who live within 300 metres of the circuit, in Dalton-on-Tees, said the enjoyment of their homes had been gravely affected by “loud, intrusive and repetitive noise”.
The ruling – which follows a decision by Mr Justice Simon last year that the family had been victims of noise nuisance – could have farreaching consequences to a sport that contributes £5bn annually to the UK economy.
Many motorsport venues are facing potential action over noise nuisance. Only last week, councillors called into question the noise likely to be produced when the Formula One world championship switches from Silverstone to Donington Park, in Derbyshire.
The opposition could scupper a £100m redevelopment that will create 6,000 jobs.
During last year’s ruling, Mr Justice Simon ordered Croft Promosport, the circuit’s tenant, to pay the Watsons £109,600 damages and Mrs Wilson £40,000.
Both sides appealed against the decision. Croft Promosport’s appeal was dismissed by judges sitting in London’s Appeal Court yesterday.
The company argued that Mr Justice Simon was “plainly wrong” to rule in favour of the Watsons and their daughter, who live at Vince Moor East.
Its barrister, Richard Jones, argued that planning permissions granted in 1963 and 1988 had changed the character of the area to such an extent that noise levels were reasonable.
He added that noise and other racetrack issues had been carefully considered by planning inspectors during two public inquiries, and a balance struck between the interests of local people and the public amenity value of the circuit.
Mr Jones said the court decision would have serious implications for the future use of the racetrack, exposed Croft Promosport to enormous legal bills and opened up the possibility of further claims from neighbouring residents.
But Appeal Court judge Sir Andrew Morritt 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 .... Justice Hallett, also ruled it was illogical to deny the trio an injunction, restricting the number of days to 40 on which “noisy activities” could take place.
Croft Promosport was refused permission to make a further appeal to the House of Lords and ordered to pay more than £120,000 in legal costs immediately.
However, as a result of the injunction limiting race activities, the damages, which were based on the reduction in value of homes caused by the noise nuisance, may be reduced.
Dennis Carter, on behalf of owner Croft-Promo Sport and British Automobile Racing Club, said: “Croft-Promo Sport Ltd is extremely disappointed with the Court of Appeal’s decision in this matter, which has serious implications for the circuit, and the motor racing industry generally.
“We are reviewing the position carefully.”
The residents’ solicitor, Paul Stookes, said the Watsons and Mrs Wilson had appealed against the original verdict because they wanted a reduction in racing rather than compensation.
He expected the eventual damages would be a “nominal” sum.
Mr Stookes said: “It must be made absolutely clear that my clients have tried their best to resolve the continuing noise problems at the circuit without going to court and have, at no time, ever sought to close the circuit down.
“They have tried to get the circuit to act reasonably, but it has taken two court hearings to achieve a result that is, in fact, reasonable for all parties.
“Under the terms of the order, the major public events that may attract business to the locality can continue and the circuit is allowed up to 40 very noisy days per year.
“However, the circuit does not have carte blanche to carry on noisy activities at any time it chooses; that is unreasonable and is not the way a good neighbour carries on.
“My clients now hope that the conclusion of the proceedings will stop the unjustified and inaccurate speculation as to the future of the circuit.
“It can carry on its public sporting events and its nonnoisy activities. The local community can return to some normality after over ten years of unreasonable noise for much of the year.”
Larry Carter, a motor sport journalist and racing driver, said: “This doesn’t mean the barriers will come down on the circuit and bulldozers come in. However, it could be a landmark case and have wide ramifications for motor sport in the UK.
“But, hopefully, a compromise will be reached and the operators will be able to sustain the viability of the circuit so that people can continue to enjoy the facility.” Kenny Atkinson set up a Facebook group to save the circuit, which has attracted more than 10,000 members in one week. He said the judgement marked “a bleak day of motor racing”.
He said: “I remember a few years ago when they were rebuilding it, upgrading the facility to get top-level motor sport there.
“That could be lost after all that work for the sake of a few residents who are unhappy.
Let’s hope it doesn’t force the closure of the circuit.”
Racing at Croft Circuit dates back to the Twenties, but it was only after it served as an RAF base during the Second World War that it became a significant motorsport venue. It closed to circuit racing for more than a decade during the Eighties and Nineties.
Jimmy Wilson-Petch, the ex-husband of Mrs Wilson, helped to steer the circuit from the doldrums in the early Nineties, when it was used as a rally-cross track.
New pits and a new race control centre helped to attract major events, including the British Touring Car Championships and British Superbikes. Events can attract up to 20,000 spectators a day and are estimated to be worth more than £3m a year to the region’s economy.
well ffs link
8:03am Tuesday 27th January 2009
MOTORSPORT events throughout the country could be threatened after a landmark High Court ruling yesterday went against Croft Circuit, near Darlington.
Track bosses have launched a racetrack review after the circuit – the only national championship venue in the region – was hit with a huge fine for noise pollution.
Croft Promosport has been ordered to pay damages and legal costs totalling nearly £860,000, in a decision that leaves it and other circuits open to further claims.
Derek and Julia Watson and their daughter, Jill Wilson, who live within 300 metres of the circuit, in Dalton-on-Tees, said the enjoyment of their homes had been gravely affected by “loud, intrusive and repetitive noise”.
The ruling – which follows a decision by Mr Justice Simon last year that the family had been victims of noise nuisance – could have farreaching consequences to a sport that contributes £5bn annually to the UK economy.
Many motorsport venues are facing potential action over noise nuisance. Only last week, councillors called into question the noise likely to be produced when the Formula One world championship switches from Silverstone to Donington Park, in Derbyshire.
The opposition could scupper a £100m redevelopment that will create 6,000 jobs.
During last year’s ruling, Mr Justice Simon ordered Croft Promosport, the circuit’s tenant, to pay the Watsons £109,600 damages and Mrs Wilson £40,000.
Both sides appealed against the decision. Croft Promosport’s appeal was dismissed by judges sitting in London’s Appeal Court yesterday.
The company argued that Mr Justice Simon was “plainly wrong” to rule in favour of the Watsons and their daughter, who live at Vince Moor East.
Its barrister, Richard Jones, argued that planning permissions granted in 1963 and 1988 had changed the character of the area to such an extent that noise levels were reasonable.
He added that noise and other racetrack issues had been carefully considered by planning inspectors during two public inquiries, and a balance struck between the interests of local people and the public amenity value of the circuit.
Mr Jones said the court decision would have serious implications for the future use of the racetrack, exposed Croft Promosport to enormous legal bills and opened up the possibility of further claims from neighbouring residents.
But Appeal Court judge Sir Andrew Morritt 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 .... Justice Hallett, also ruled it was illogical to deny the trio an injunction, restricting the number of days to 40 on which “noisy activities” could take place.
Croft Promosport was refused permission to make a further appeal to the House of Lords and ordered to pay more than £120,000 in legal costs immediately.
However, as a result of the injunction limiting race activities, the damages, which were based on the reduction in value of homes caused by the noise nuisance, may be reduced.
Dennis Carter, on behalf of owner Croft-Promo Sport and British Automobile Racing Club, said: “Croft-Promo Sport Ltd is extremely disappointed with the Court of Appeal’s decision in this matter, which has serious implications for the circuit, and the motor racing industry generally.
“We are reviewing the position carefully.”
The residents’ solicitor, Paul Stookes, said the Watsons and Mrs Wilson had appealed against the original verdict because they wanted a reduction in racing rather than compensation.
He expected the eventual damages would be a “nominal” sum.
Mr Stookes said: “It must be made absolutely clear that my clients have tried their best to resolve the continuing noise problems at the circuit without going to court and have, at no time, ever sought to close the circuit down.
“They have tried to get the circuit to act reasonably, but it has taken two court hearings to achieve a result that is, in fact, reasonable for all parties.
“Under the terms of the order, the major public events that may attract business to the locality can continue and the circuit is allowed up to 40 very noisy days per year.
“However, the circuit does not have carte blanche to carry on noisy activities at any time it chooses; that is unreasonable and is not the way a good neighbour carries on.
“My clients now hope that the conclusion of the proceedings will stop the unjustified and inaccurate speculation as to the future of the circuit.
“It can carry on its public sporting events and its nonnoisy activities. The local community can return to some normality after over ten years of unreasonable noise for much of the year.”
Larry Carter, a motor sport journalist and racing driver, said: “This doesn’t mean the barriers will come down on the circuit and bulldozers come in. However, it could be a landmark case and have wide ramifications for motor sport in the UK.
“But, hopefully, a compromise will be reached and the operators will be able to sustain the viability of the circuit so that people can continue to enjoy the facility.” Kenny Atkinson set up a Facebook group to save the circuit, which has attracted more than 10,000 members in one week. He said the judgement marked “a bleak day of motor racing”.
He said: “I remember a few years ago when they were rebuilding it, upgrading the facility to get top-level motor sport there.
“That could be lost after all that work for the sake of a few residents who are unhappy.
Let’s hope it doesn’t force the closure of the circuit.”
Racing at Croft Circuit dates back to the Twenties, but it was only after it served as an RAF base during the Second World War that it became a significant motorsport venue. It closed to circuit racing for more than a decade during the Eighties and Nineties.
Jimmy Wilson-Petch, the ex-husband of Mrs Wilson, helped to steer the circuit from the doldrums in the early Nineties, when it was used as a rally-cross track.
New pits and a new race control centre helped to attract major events, including the British Touring Car Championships and British Superbikes. Events can attract up to 20,000 spectators a day and are estimated to be worth more than £3m a year to the region’s economy.
well ffs link
