Ducatisti Forum - View Single Post - So u wanted to know what all the fuss was about

**Alan-Phil Bevan Trackdays** · 22 Jul 08, 06:11 PM

Ok - Ok, we did have a little rant over the noise limits @ the PBTD.

They've just been to Court :

£60,000 BILL FEAR AFTER RACE TRACK NOISE RULING

21 July 2008

Carmarthenshire Council is facing a bill of more than £60,000 after a noise abatement order it had slapped on Pembrey Racing Circuit was quashed.Magistrates in Llanelli decided the circuit had not, as alleged, created a statutory nuisance and overturned the order imposed last September.

After the verdict, council bosses expressed disappointment that residents would no longer be protected from unreasonable noise from the track, but circuit director Phil Davies said it was a welcome result.

"We are very pleased with the outcome of this appeal," he said.

"Although we regret it had to go to court at all - we believe it could have been resolved without that."

The circuit was hit with the order on September 11 last year, after receiving complaints from two nearby residents who said the noise from the races, and from testing events, was making their lives a misery.

Speaking at the hearing, council lawyer Jonathan Rees alleged that the track caused an "unreasonable interference with the enjoyment of their properties," adding that, in the words of one of the complainants, the sound was like "a swarm of angry bees".

The magistrates said, however, that there were several reasons why the order was not warranted, including that the race track has been operating for nearly 20 years, that in that time the track had stopped testing Formula 1 cars - the noisiest - and that the number of complaints about it was exceptionally low.

"The track is located in a rural, coastal, mainly recreational and agricultural area," they said.

"The noise readings are often much lower than the 50 decibel acceptable level set by the World Health Organisation.

"The noise does not amount to a statutory nuisance, therefore we allow the appeal and quash the abatement order."

Ralph Lewis QC, representing the racing circuit, estimated it had spent more than £63,000, plus VAT, on the case. The case was adjourned for 21 days to allow for the two parties to try to negotiate a settlement.

But Carmarthenshire Council head of public protection, Philip Davies insisted the fight was not over yet.

"We are considering the decision in detail, and the reasons for upholding the appeal, which we will discuss with our legal advisors," he said.

"This decision is extremely disappointing and it means that residents of Pembrey now have no protection from unreasonable noise from the motor racing circuit."

Personally I think the last statement is a load of boll*cks but there we are.

Haven't heard the ins and outs yet but will by Thursday....

If anyones suffering the credit crunch I'd look for a career change and become a QC..

22 Jul 08, 06:11 PM	#1 (permalink)
Alan-Phil Bevan Trackdays L-plates Join Date: Feb 2007 Posts: 85 Alan-Phil Bevan Trackdays's Gallery	So u wanted to know what all the fuss was about - Pembrey Noise Ok - Ok, we did have a little rant over the noise limits @ the PBTD. They've just been to Court : £60,000 BILL FEAR AFTER RACE TRACK NOISE RULING 21 July 2008 Carmarthenshire Council is facing a bill of more than £60,000 after a noise abatement order it had slapped on Pembrey Racing Circuit was quashed.Magistrates in Llanelli decided the circuit had not, as alleged, created a statutory nuisance and overturned the order imposed last September. After the verdict, council bosses expressed disappointment that residents would no longer be protected from unreasonable noise from the track, but circuit director Phil Davies said it was a welcome result. "We are very pleased with the outcome of this appeal," he said. "Although we regret it had to go to court at all - we believe it could have been resolved without that." The circuit was hit with the order on September 11 last year, after receiving complaints from two nearby residents who said the noise from the races, and from testing events, was making their lives a misery. Speaking at the hearing, council lawyer Jonathan Rees alleged that the track caused an "unreasonable interference with the enjoyment of their properties," adding that, in the words of one of the complainants, the sound was like "a swarm of angry bees". The magistrates said, however, that there were several reasons why the order was not warranted, including that the race track has been operating for nearly 20 years, that in that time the track had stopped testing Formula 1 cars - the noisiest - and that the number of complaints about it was exceptionally low. "The track is located in a rural, coastal, mainly recreational and agricultural area," they said. "The noise readings are often much lower than the 50 decibel acceptable level set by the World Health Organisation. "The noise does not amount to a statutory nuisance, therefore we allow the appeal and quash the abatement order." Ralph Lewis QC, representing the racing circuit, estimated it had spent more than £63,000, plus VAT, on the case. The case was adjourned for 21 days to allow for the two parties to try to negotiate a settlement. But Carmarthenshire Council head of public protection, Philip Davies insisted the fight was not over yet. "We are considering the decision in detail, and the reasons for upholding the appeal, which we will discuss with our legal advisors," he said. "This decision is extremely disappointing and it means that residents of Pembrey now have no protection from unreasonable noise from the motor racing circuit." Personally I think the last statement is a load of boll*cks but there we are. Haven't heard the ins and outs yet but will by Thursday.... If anyones suffering the credit crunch I'd look for a career change and become a QC..