12 001 338

Category : Environment and regulation > Noise

Decision : Upheld

Decision date : 05 Mar 2014

Summary

Complaint from two couples about the failure by the council to take action when the operators of a motor racing track near to their homes breached a notice specifying the permitted frequency and noise levels of events at the track. One of the couples was acting on behalf of 47 other residents.

The complaint

Complaint from two couples about the failure by the council to take action when the operators of a motor racing track near to their homes breached a notice specifying the permitted frequency and noise levels of events at the track. One of the couples was acting on behalf of 47 other residents.

Because of the delay in the council taking enforcement action for repeated breaches of the notice, the complainants and the villagers they represent have suffered because of the additional noise nuisance.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendedations

To remedy the complaint, the council has agreed to instruct a barrister to provide legal advice on the contents of a new Notice. Any new Notice will have to be served on the new track operators (who have operated the track since November 2013) once they start activities. 

 We also recommend the council should:

  • consider how to address the outstanding queries over the impact the spectator bunds and track alterations have had on noise levels. And how to address the outstanding planning matters and unapproved alterations to the track. The council should advise the complainants and the Ombudsman how it intends to address these issues within three months of the date of this report; 

  • pay £2,500 to couple 1 for their avoidable loss of amenity from March 2011 to February 2013 when the council took formal enforcement action:

  • pay £5,000 to couple 2 as a contribution towards their receipted expenses for legal advice and noise reports; and

  • donate £1,000 to the village schoolroom committee to use as it sees fit for the benefit of the residents who have joined this complaint.

     

 

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