Source: Watson & Others v. Croft Promo-Sport Ltd [2009] EWCA CIV 15; see also
http://www.thenorthernecho.co.uk/news/4076123.Croft_Circuit_loses_noise_appeal/?action=complain&cid=7472608
; and ‘Injunction for continuing noise nuisance’ Environmental Law Monthly Env. L.M. (2009) February Pages 1-4
The Claimants (who occupy houses just north of the race circuit) alleged that the defendants use of Croft Motor Circuit, near Darlington gave rise to excessive noise and constituted a nuisance. They sought an injunction to restrain continuation of the nuisance, and compensation for past nuisances. Although the Circuit had received planning permission for motor racing in 1963, this was not obtained without difficulty and various appeals. By 2006, the circuit had upto 147 days (mainly in the summer) in which racing took place. The claimants do not object to the car and bike racing days which amount to 45-50 days each year, but rather to the Vehicle testing and track days (where the noise levels are at their highest, all day long)
In the High Court, Mr Justice Simon decided in favour of the defendants and refused an injunction, but awarded 109,600 compensation in light of the decreased value of their properties and loss of amenity. This argument was rejected by the Court of Appeal, and they later allowed the injunction, restricting the number of days that the circuit could operate.
The Defendants have now been refused leave to appeal to the House of Lords.
Kris is a Senior Lecturer, and Co-Director of the Centre for International Sports Law (CISL) at Staffordshire University, UK. He originally trained and competed as an elite gymnast until a shoulder injury at university forced him to retire as an active competitor. He now spends his spare time coaching Trampolining, Gymnastics, DMT, Cheerleading, Parkour and anything that involves throwing yourself through the air with various degrees of twist and rotation!
Jon is an Associate Professor, and Co-Director of the Centre for International Sports Law (CISL) at Thompson Rivers University, British Columbia. Jon worked as a climbing guide, trained and coordinated search and rescue, managed risk and sales in the United States with a European-based manufacturer of outdoor equipment and advised recreation programmes on their exposure to legal risk. His extra-curricular background is just as diverse and includes stints playing semi-pro volleyball in Brazil, researching wolves in the Canadian Rockies, climbing and leading expeditions from Alaska to Argentina, Tajikistan to the Tetons, and many points in between. He has been married to Wendy for 15 years and together they have 2 wonderful kids – Tegan (10) and Brock (8) – whom he continues to emotionally scar as their football coach!
March 6, 2009
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