Noisy motocross

in Commercial Noise Tags: complaintmotocross

We are affected by a motocross site. We live in a rural area. It is incredibly noisy and we can hear it in every room of our house when in full flight, not to mention the tannoy system. It is used far more than the 14 times a year allowed and despite informing the council, nothing has been done.

Presuming that the 14 times is prescribed by a planning condition then it could be enforced if exceeded. Similarly, if imposed as works on an abatement notice it may result in formal action. Activity like this is often afforded a defence of “best practicable means” in statutory nuisance cases. This might include (or largely consist) of times of operation or number of days it can be used. None should require inaudibility. A balance is therefore struck between competing interests. The Environmental Protection Act 1990 may be applicable (ss. 79-80) which is enforced by the local authority. However, it does depend upon the frequency of the events. Check for any other existing planning conditions and contact the planning enforcement officer. Also contact your env health service first at the local Council to see if they can help. If they have not provided a satisfactory response go straight to their complaints procedures.