Nigel Mansell celebrates end of 30 month legal battle
Friday 9th July 2010
East Devon District Council has withdrawn its case against Mansell Raceway Limited less than a week before the scheduled start of a ten day appeal hearing at Exeter Crown Court.
The news that the District Council has finally decided to draw to a close a two and a half year legal challenge over alleged noise nuisance has been welcomed by the former world Formula 1 racing champion Nigel Mansell and his sons Leo and Greg whose company, Mansell Raceway Limited, own the kart racing track at Dunkeswell.
Speaking from his home in Jersey, where he is recovering from a 200mph crash in Le Mans last month, Nigel Mansell said; “I am relieved that East Devon District Council has finally seen sense and that this very expensive and wholly unnecessary legal battle has now ended. I am deeply disappointed however that, despite repeated offers by us, East Devon District Council was unable to work with Mansell Raceway Ltd to find solutions much, much earlier.”
Nigel Mansell added; “Hundreds of thousands of pounds has been spent by the parties involved since the noise abatement notice was first served in January 2006. We estimate that East Devon District Council has spent at least £160,000 since then - which is a staggering waste of council tax payers’ money, particularly at a time when public services are under such immense financial pressure. I find it amazing that the Council was not prepared to accept the original court judgement in the case.”
The appeal at Exeter Crown Court was due to begin on July 12th before Judge Stephen Wildblood QC. The case was lodged by East Devon District Council to challenge a ruling by District Judge Paul Farmer who quashed a noise abatement order served by the District Council’s Environmental Health team following complaints from neighbours. District Judge Farmer conclusively ruled there was no noise nuisance following an exhaustive six day hearing at Honiton Magistrates Court in November 2008
At the time District Judge Farmer said: “It seems that the appellants (Mansell Raceway and the Kart Club) have always sought to operate the circuit in accordance with the (planning) permissions granted to them, have made a substantial investment in an acoustic fence and were prepared to adopt the council’s proposals to reduce the noise level of leisure karts. There is no suggestion I could find that they sought to deliberately annoy their neighbours in any way. Everything they have done has been done reasonably and in accordance with the permissions granted to them,” concluded District Judge Farmer.
Since taking over the track in 2006, Mansell Raceway Ltd says it has complied with every request made by East Devon District Council regardless of cost and effort, including spending £200,000 on a new acoustic fence, restricting the type of vehicles used and monitoring the condition of silencers on vehicles. It has also removed the tannoy system and on the Sunday morning of race weekends continues to observe an historic period of silence, so as not to interrupt local church services.
The kart circuit has operated at the Dunkeswell aerodrome for nearly 50 years. The first noise abatement notice, served in 2006, came just six months after East Devon District Coucil granted planning permission for a track extension. The notice was challenged by Mansell Raceway Ltd on the grounds that it would have removed virtually all race practice Saturdays, resulting in the possible closure of the facility or a serious accident. Race practice sessions are considered vital by the Kart Club in preparing competitors for safe racing.
In a planning settlement with East Devon District Council, which was finalised last week, Mansell Raceway Ltd has agreed to:
• Closely monitor and record noise levels at the track
• Not to use a number of 2-stroke kart race training Saturdays (which have not been used by the club for several years)
• Introduce testing for all new leisure karts
Bryan Holmes, spokesperson for Mansell Raceway and the Kart Racing Club said; “We hope these measures will go a long way towards satisfying our neighbours about our current and future use of the Raceway. Dunkeswell Kart Racing Club provides an important, safe and well managed facility for young people who want to become involved in motor sport and we sincerely hope to continue to offer them this opportunity for many years to come.”
Dunkeswell is the only karting track in Devon Cornwall, Somerset and Avon operating full Motor Sport Association race events and karting remains one of the most accessible gateways to motorsport, offering a low cost means of racing, open to all ages from 8 upwards. In Britain it is now one of the few opportunities for young people to drive a motor vehicle under the age of 17. Nigel Mansell, Jenson Button and Lewis Hamilton, to name a few, all started in karting. Most have driven at the Dunkeswell circuit in their racing careers.
Colin Hilton, Chief Executive of the UK governing body for motor sport, the Motor Sports Association (MSA) said; “Motor sport can be an easy target for complaints, but the sport has an excellent record of working with local communities to minimise the impact of its activities, particularly in terms of reducing noise levels. Motor sport venues also contribute a great deal to the economic prosperity of their regions in terms of visitors, tourism and employment, so it seems entirely reasonable that venues operating within the terms of their planning permissions and in co-operation with their local community should be able to carry out their business without fear of litigation. We are delighted that this long running case has finally been settled and it has been officially recognised that there is no Statutory Noise Nuisance.”
Solicitor Mervyn Rundle of Solicitors Title, acting for Mansell Raceway and Dunkeswell Kart Club, said; “Karting will continue at Dunkeswell as it has for the past 50 years. The District Judge’s decision that there is no statutory nuisance will stand as law.” Ends
Notes to Editors:
Background
• Kart racing and other motor sport activities have been held, without a break, at the still active Dunkeswell aerodrome since the 1960’s. There has been full planning permission for all activities since 1970
• 1988 – Planning permission was specifically granted to hold 9 Kart Race Meetings over 9 weekends a year together with practice sessions on every Saturday throughout the year
• 2005 – Nigel Mansell became involved with Dunkeswell Kart Race track . In 2006 Mansell took over ownership of the track and granted Dunkeswell Kart Club a 999 year lease of 1 weekend per month for racing with one extra Saturday for novice drivers and general race practice
• 2006 – Mansell installs, at the instigation of East Devon District Council, a £250,000 noise barrier to reduce noise reaching the nearby village of Sheldon. EDDC declared this to be best practice but later changed evidence in court
• 2006 – large rise in complaints of noise from residents in the villages of Sheldon and Dunkeswell
• 2nd January 2006 – East Devon District Council serves a Noise Abatement notice under s 80 of the Environmental Protection Act. Without explanation EDDC abandons negotiations and serves a new notice in January 2008
• November 2008 – Mansell Raceway and the Dunkeswell Kart Club appeal successfully against the Noise Abatement notice. The notice is quashed in its entirety and the District Judge Paul Farmer finds there is no statutory nuisance arising from the activities at the venue.
• January 2009 - Despite the offer of further negotiations - East Devon District Council appeals the decision made by District Judge Farmer.
• August 2009 – British Motor Sport Association offers mediation hearing
• Appeal intended to be heard at Exeter Crown Court on July 12th 2010
• 7th July 2010 – East Devon District Council withdraws its appeal. Mansell Raceway, Dunkeswell Kart Club and East Devon District Council sign a new planning agreement (S 106 Agreement).
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