Mildenhall court case

[Lucky Star]

Whatever the motivation for such threats (and I completely agree with your comments here)they have to be taken very seriously, although I suspect that the outcome of the court case will be the be all and end all.

 

What I find most difficult to grasp in that court case is that the decisive point is the level of noise, not a persons decision in choosing to live next to it. Having said that, responsibility for one's own actions seems to have become secondary in the determination of legal cases and you only have to look at litigation taken by housebreakers against those defending their property to see it. Surely the point is the reason for the creation of the situation in the first place and bearing in mind that the stadium has been in existence for 35 years that can only be the person deciding to move in within earshot. In my book, that's their responsibility and no other persons, and how many of us would have sympathy for someone who moved in next to a cat food factory and complained about the smell or moved into a lighthouse and complained about the sea, because I just don't see the difference.

 

 

Does anyone know the final outcome of the recent court case? The hearings in the High Court appear to have stopped about 10 days ago and the Judge involved has now moved on to another case. Despite this I can’t find any mention of the outcome on here or elsewhere. Has anyone got any further information?

[Just down the road]

Does anyone know the final outcome of the recent court case? The hearings in the High Court appear to have stopped about 10 days ago and the Judge involved has now moved on to another case. Despite this I can’t find any mention of the outcome on here or elsewhere. Has anyone got any further information?

 

The judge hasn't given his final verdict yet.

This is to be delivered at a later date - a date yet to be confirmed..

[Lucky Star]

I see that a Judgement has now been delivered in the Court case about noise nuisance from the stadium and potentially it appears to be bad news. Basically, the Judge has awarded some damages to the claimants for past noise nuisance although the amounts involved are relatively small. More importantly, the Judge is also going to impose future noise restrictions on the stadium if the parties cannot come to an agreed limit on noise. Between the hours of 8am and 8pm he is minded to restrict noise levels at the boundary of the claimants' property to an average of 45dB over a 15 minute period. Even tougher restrictions of 37dB will apply after 8pm. I’m not an expert on the subject of noise levels so don’t know how this will affect the running of speedway but it is bound to have some effect - to give some idea of how really restrictive these limits are a normal conversation gives rise to about 55 dB of noise!

 

The full Judgement can be seen at:

 

http://www.bailii.org/ew/cases/EWHC/QB/2011/360.html

 

The Judgement runs to 64 Pages but the important bit about future noise restrictions is in paragraph 245.

 

Hopefully Dave Coventry will be able to shed some further light on the situation at the Fans' Forum tonight.

Edited March 5, 2011 by Lucky Star

[Halifaxtiger]

I stand to be criticised on this one (I will speak to Dave Coventry tonight) but :

 

1 The judge ruled against the stadium owners;

 

2/ Compensation totals about £20k;

 

3/ The judge has suggested that an arrangement be made between the parties over events at the stadium;

 

4/ The people who made the complaint have suggested 40 days a year and if it runs after 6pm 35 days a year;

 

5/ If no agreement is made, the judge may impose an injunction on noise levels that will not permit speedway (I stand very much to be corrected on this, but it appears to me that the noise levels he will allow are way below those made by speedway bikes).

 

One thing has definitely emerged from this: even with planning permission no speedway track is safe.

[rhidassa]

I stand to be criticised on this one (I will speak to Dave Coventry tonight) but :

 

1 The judge ruled against the stadium owners;

 

2/ Compensation totals about £20k;

 

3/ The judge has suggested that an arrangement be made between the parties over events at the stadium;

 

4/ The people who made the complaint have suggested 40 days a year and if it runs after 6pm 35 days a year;

 

5/ If no agreement is made, the judge may impose an injunction on noise levels that will not permit speedway (I stand very much to be corrected on this, but it appears to me that the noise levels he will allow are way below those made by speedway bikes).

 

One thing has definitely emerged from this: even with planning permission no speedway track is safe.

 

Of which I think 10k is Dave Coventry and the other 10k is Moto-Land? And £100 fine to James Waters the previous stadium owner.

[Halifaxtiger]

Of which I think 10k is Dave Coventry and the other 10k is Moto-Land? And £100 fine to James Waters the previous stadium owner.

 

That's the way I see it.

 

I tried to get to talk to Dave C last night but the place was packed and he was needed pulling pints and replenishing stock.

 

Good to see so many in attendance.

Edited March 6, 2011 by Halifaxtiger

[Lucky Star]

Sadly I could not make it to the Forum last night. Was anything said about the outcome of the Court case?

[Damon]

excellent turn out last night, it was packed.

Nothing said about the court case while I was there, cant be to much of an issue, otherwise things would be put on hold surely, perhaps there will be some limitations but speedway will continue I would presume.???

[refereerick]

I think from a Guinness clouded memory, Dave Coventry said Damages totalling around £20,000 had been awarded, split between him and the moto-cross and the restrictions weren't being enforced for 12 months? But he did seem upbeat about the future of the stadium although he also noted that an appeal had be lodged against the judgement.

[Damon]

I think from a Guinness clouded memory, Dave Coventry said Damages totalling around £20,000 had been awarded, split between him and the moto-cross and the restrictions weren't being enforced for 12 months? But he did seem upbeat about the future of the stadium although he also noted that an appeal had be lodged against the judgement.

could drag on for ages !! roll on the start of the season.

[mickthemuppet]

I see that a Judgement has now been delivered in the Court case about noise nuisance from the stadium and potentially it appears to be bad news. Basically, the Judge has awarded some damages to the claimants for past noise nuisance although the amounts involved are relatively small. More importantly, the Judge is also going to impose future noise restrictions on the stadium if the parties cannot come to an agreed limit on noise. Between the hours of 8am and 8pm he is minded to restrict noise levels at the boundary of the claimants' property to an average of 45dB over a 15 minute period. Even tougher restrictions of 37dB will apply after 8pm. I’m not an expert on the subject of noise levels so don’t know how this will affect the running of speedway but it is bound to have some effect - to give some idea of how really restrictive these limits are a normal conversation gives rise to about 55 dB of noise!

 

The full Judgement can be seen at:

 

http://www.bailii.org/ew/cases/EWHC/QB/2011/360.html

 

The Judgement runs to 64 Pages but the important bit about future noise restrictions is in paragraph 245.

 

Hopefully Dave Coventry will be able to shed some further light on the situation at the Fans' Forum tonight.

Quite right there should be noise restrictions on Speedway bikes at Mildenhall Stadium, Why can they not keep the noise levels down like the American jet do just down the road

[Halifaxtiger]

Quite right there should be noise restrictions on Speedway bikes at Mildenhall Stadium, Why can they not keep the noise levels down like the American jet do just down the road

 

 

I quite agree Mick but, reading the contents of the report, I don't think the speedway is the major issue.

 

The Fen Tigers will ride between 10 & 14 matches this season, so that will be every other week. They start at 4.30 and are almost always finished within 2 hours, and what's more the start time could probably be moved back to 3.00pm or so.

 

Although speedway is the noisiest of the activities, it does not go on late (when I have been to the Stocks they rarely finish before midnight) and they don't go on all day every weekend like the Moto X.

 

The times and lengths of usage were, it seems to me, the real problem rather than the level of the noise and that's where speedway contrasts favourably with both stocks & Moto X.

[Steve Turner]

Although speedway is the noisiest of the activities, it does not go on late (when I have been to the Stocks they rarely finish before midnight) and they don't go on all day every weekend like the Moto X.

 

The times and lengths of usage were, it seems to me, the real problem rather than the level of the noise and that's where speedway contrasts favourably with both stocks & Moto X.

Is that true about the noise ?!

I ask for 2 reasons.

I've been present for noise level tests of a speedway race and a stox race, at Brandon. It wasn't even a close contest

And from being in the same place working at both events, I can personally guarantee it. Stocks are much louder

[25yearfan]

Its nonsense to suggest that speedway is noisier than stock cars at Mildenhall!

 

For a start no speedway bikes are allowed to be started in the car park which always used to be the case. This car park is indeed the pits area for the stock cars all of which don't have the modern silencers that speedway bikes do and quite often at stock car meetings, cars will be warmed up all through the meeting almost non stop.

 

Speedway bikes are warmed up inside the stadium and two walls between them and the car park.

 

Car races at Mildenhall feature many cars and the roar created from all these engines is quite excessive!

 

One of the biggest problems at Mildenhall stadium is that the stock car meetings nearly always over run with no consideration at all. It isn't unknown for stock car meeting sto still going on after 11pm!

 

 

The Motocross track can be used every day and can be heard from across the Fen at Isleham - I can vouch for this!

 

What Dave Coventry has done is to make out that speedway meetings are the noisiest events at the stadium in order to take blame and attention away from the much more noisier but more profitable stock cars!

 

As much as I find the womens protests about the stadium ridiculous for the simple reason that she moved to the house in 2006 when their has been motorsports activity on the stadium site since 1973 as well as one of the United States biggest and longest established European air bases across the road, more co-operation from the stock people (Dave and Ron Coventry) and ensuring that meetings are finished by 10pm could of put the old girl of the scent and made her think of somehing else to spend her time complaining about!

 

Good to see such a good turn out last night and I just hope that Dave Coventry lets the speedway promotion do things their way and properly!

[Halifaxtiger]

Is that true about the noise ?!

I ask for 2 reasons.

I've been present for noise level tests of a speedway race and a stox race, at Brandon. It wasn't even a close contest

And from being in the same place working at both events, I can personally guarantee it. Stocks are much louder

 

 

Its nonsense to suggest that speedway is noisier than stock cars at Mildenhall!

 

For a start no speedway bikes are allowed to be started in the car park which always used to be the case. This car park is indeed the pits area for the stock cars all of which don't have the modern silencers that speedway bikes do and quite often at stock car meetings, cars will be warmed up all through the meeting almost non stop.

 

Speedway bikes are warmed up inside the stadium and two walls between them and the car park.

 

Car races at Mildenhall feature many cars and the roar created from all these engines is quite excessive!

 

One of the biggest problems at Mildenhall stadium is that the stock car meetings nearly always over run with no consideration at all. It isn't unknown for stock car meeting sto still going on after 11pm!

 

 

The Motocross track can be used every day and can be heard from across the Fen at Isleham - I can vouch for this!

 

What Dave Coventry has done is to make out that speedway meetings are the noisiest events at the stadium in order to take blame and attention away from the much more noisier but more profitable stock cars!

 

As much as I find the womens protests about the stadium ridiculous for the simple reason that she moved to the house in 2006 when their has been motorsports activity on the stadium site since 1973 as well as one of the United States biggest and longest established European air bases across the road, more co-operation from the stock people (Dave and Ron Coventry) and ensuring that meetings are finished by 10pm could of put the old girl of the scent and made her think of somehing else to spend her time complaining about!

 

Good to see such a good turn out last night and I just hope that Dave Coventry lets the speedway promotion do things their way and properly!

 

 

There are a mass of figures on the court summary but:

 

'On 18 August 2007 he measured the noise of speedway activities at the Stadium at 64 dB. On 15 September 2007 he measured the noise of banger racing at the Stadium at 63 dB, falling to 54 dB after 23:00 hours. On 23 September 2007 he measured motocross at the Track at 62 dB, falling to 54 dB at night'.

 

Speedway is the noisiest (just) according to the report at one point, anyway.

 

I don't think Dave Coventry has done anything here to support stocks over speedway, and to suggest that he has is very unfair. As Simon Barton will tell you, and as I would confirm, he has usually been very supportive of the speedway at West Row - it is, after all, in his interests to have the speedway there.

 

As I have said, I think it is not so much the actual level of noise but how long it goes on for and until what time. Where that is concerned, speedway is nowhere near as much of an issue as both the stocks and the Moto X.

[Steve Turner]

he measured the noise of banger racing

I thought the subject was stock cars ? If it's only bangers, I'd agree that they're not especially loud.

[Halifaxtiger]

I thought the subject was stock cars ? If it's only bangers, I'd agree that they're not especially loud.

 

They usually have both in the same meetings.

[2ndbendpostie]

I thought the subject was stock cars ? If it's only bangers, I'd agree that they're not especially loud.

Hi Steve, just to get a bit technical, what Mildenhall get is the saloon stock cars and the F2 brisca formula, plus the bangers, I think up at brandon you are more used to the BRISCA F1's which I agree with you are the loudest of the loud in small oval racing.

If you read the court summary both sides had noise tests done proffesionally and in general no one motorsport was that much louder than the other, but as Halifax has said, speedway is a much shorter length of time so would cause less problems.

Also although I have'nt followed the debate that closely,how will this new silencer rule affect the DBL readings ? could it work in Mildenhall's favour if they come in.

I also understand a certain Mr Long was master of cerimonies last night, now if that man came back to do the job on matchdays !, how much would that improve things, no offence to the others that have done the job, but since Kevin packed it in, it just has not been the same.

[*JJ]

Also although I have'nt followed the debate that closely, how will this new silencer rule affect the DBL readings ? could it work in Mildenhall's favour if they come in.

They were used in a few meetings at Birmingham early last year, and the speedway racing was inaudible a quarter of a mile away. This is in an urban site, of course; but then again, the airport is a bit further away!

[Phil]

I stand to be criticised on this one (I will speak to Dave Coventry tonight) but :

 

1 The judge ruled against the stadium owners;

 

2/ Compensation totals about £20k;

 

3/ The judge has suggested that an arrangement be made between the parties over events at the stadium;

 

4/ The people who made the complaint have suggested 40 days a year and if it runs after 6pm 35 days a year;

 

5/ If no agreement is made, the judge may impose an injunction on noise levels that will not permit speedway (I stand very much to be corrected on this, but it appears to me that the noise levels he will allow are way below those made by speedway bikes).

 

One thing has definitely emerged from this: even with planning permission no speedway track is safe.

 

Sorry if already been mentioned ....

 

 

http://www.cambridge...nt-pay-bill.htm

 

 

 

£20k stadium noise payout won't pay bill

John Goode

A couple have been awarded more than £20,000 by a judge for disturbance from a nearby stadium and motor-cycle track.

 

But the damages payout to fireman Raymond Shields and Katherine Lawrence – who said the noise from Mildenhall Stadium and the nearby Motoland UK motocross track blighted their lives – will be dwarfed by the six-figure lawyers' bills run up during the 11-day High Court case.

 

Judge Richard Seymour QC said he was satisfied noise from the stadium, which hosts speedway events, banger and stock car racing, constitutes a nuisance and interferes with the couple's enjoyment of their home, Fenland, which is 500 metres away.

 

However, he dismissed claims that incidents of "harassment" the couple said they suffered due to the stand they took over the noise could be blamed on any of those involved in owning or operating the venue.

 

Judge Seymour ordered Dave Coventry, one of the stadium's owners, and operators Motoland, to pay 60 per cent of the couple's legal costs bills, estimated at £400,000. However, Mr Shields and Ms Lawrence must pay the legal bills of the other defendants.

 

For the noise nuisance, the judge awarded the couple total damages of £20,850.

 

Of that sum, £10,325 must be paid by Dave Coventry, £10,425 by Motoland UK Ltd, which operates the track, and £100 by James Waters, a district councillor who owned the stadium between 2005 and 2008.

 

The couple's damages claims against other defendants, including the freehold owners of the track, Terence Waters and Anthony Morley, were either earlier withdrawn or dismissed by the judge.

 

The judge imposed an injunction requiring strict noise monitoring, to start on January 1 next year or when the couple's home, damaged in a fire they said was linked to their complaint, is habitable again.