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e Petition

Started by Camber Dave, 29, November, 2014, 01:12:04 PM

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Camber Dave

I have just found, and signed, this ePetition

It is to prevent new buyers and tenants of property close to motor sport venues
moving in and then using planning procedures to get the venue closed.

https://submissions.epetitions.direct.gov.uk/petitions/72458

Go on, sign it and help protect our circuits and other venues.

Bulldog Bri

Signed... ;D  It's not just Motorsport venues, people who move somewhere and then complain about noise, traffic, bright lights shinning over their property, low flying aircraft! should do their homework before buying.  >:(

8)

Lucky Ed


'The Gaffer'


Daley Down Under


fletch_306


Crash Test Dummy


Moleman


Iancider

#8
Just an update in the e-petition:  Its a bit dry but important....

The Government has now posted an interim response based on the legal advice as the petition had passed the initial 10,000 applications.  It proposes no change because a nuisance is a nuisance whether it was pre-existing or not and the nuisance is always assessed on its own merits each time there is a complaint.  There is abundant use of the word "Reasonable" and that word can only be assessed in a court.  There is some hope:

QuoteThere are safeguards for motor sport venues in relation to complaints from nearby residents. When assessing statutory nuisance and deciding on potential enforcement action and whether mitigation measures are required, the venues – or any businesses - have a defence of best practicable means if they can demonstrate that they have done all they reasonably and practicably can to minimise the noise impact.

So if the Planning Office has set noise limits and they are complied with then suitable measures have been taken to mitigate the nuisance. 

The trouble is that if somebody wealthy (e.g American pop artist with attitude) moves into the area, loves the mansion and wishes to become a nuisance: - They have every right in Law to take the matter to Court to test if Reasonable is still reasonable while the poor defendants who are not wealthy are relying on the previous (they thought) permanent agreement.  So I think action is required to stop the wealthy trying to exercise control outside of their boundary - in the same way that we are not allowed to send excessive noise across their boundary and that would then that would be Reasonable both ways.  To take it to Court they would need to prove something had changed fundamentally with the agreement and not just because they had moved in and elevated themselves to the rank of Baron by virtue of wealth.

Currently the petition is open and sitting at 38,000 signatories.  If we can get it over 100,000 then if forces a Backbench debate and likely a Select Committee.  So any body who hasn't signed please do here: https://submissions.epetitions.direct.gov.uk/petitions/72458

And anybody who is a member of another forum please ask them all to sign it and to tell all of their friends as well.

longtimecoming


SPAXIMUS

I had the same reply Ian which is a big fat fudge, hoping it will go away. Unfortunately unless the law is changed, they complainant has the upper hand.
As the law stands anyone can claim noise is a detriment to their health and use the Enviromental Health laws to get their own way.

In the case of Castle Combe, that was exactly what happened, with the council not wanting to take action, but knowing they had to otherwise they were in contempt. These are exactly the same laws that stupid people use to get church bells silenced.

The application of the law is what is wrong, common sense should allow a council to throw out any such claims, but they cannot even when they want to.

What we need to do is to open this out to a wider audience by emphasising things like the playground that was closed due to noisy children playing, church bells being silenced, cocks crowing in the country, these will appeal to others who might see motorsport as a pastime they do not like or agree with.

So if you facebook, or twitter etc. get this listed on there to try to bolster the petition.

Hairy Santa

#11
Signed  ;)

Don't forget to vote in 100 days time

Good tip - Ukip

or vote the others if you want nothing to change 

YellaBelly


Iancider

Thanks guys - keep those votes coming and tell everybody you know.

Quotehttps://submissions.epetitions.direct.gov.uk/petitions/72458

Camber Dave

Thanks for the summery Ian

I read it twice and came to he conclusion that the people that write this stuff will have it both ways.
New purchasers have the same rights as (long) pre-existing occupiers of land/businesses.
Yet new developers should take note of existing conditions as regards noise vs sound proofing ect.

National and Local authorities have regulations and guidelines but developers/occupiers are free to go to court to override conditions that irk them.
As Spaximus and Longtimecoming say the law can be used to their personal benefit by the well funded.

Roll on 100'000 signatures.....

Iancider

Well put Dave..

And it is interesting to note that the very same thing is happening with Queen's Square.

In 1215, Magna Carta was a reaction to King John abusing his powers and after that it was necessary to constantly fight every transgression of trust by those in power.  Money = power and it needs to be met by legislation that returns balance.

Keep signing up people and spread the message to everybody you know who cares about democracy.


Iancider

E-petition on protection Motor racing circuits,

It has been a while since we mentioned this so I thought I would take a look at how it was doing.  Apparently it is paused at the moment because there is some sort of election on.  But it will reopen when the election is over.

Then anybody who has not petitioned can do so and push us towards that 100,000 votes that forces a debate.

Ian

Moleman

Let us know when people can sign up again mate.  8)

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