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11:24am Monday 26th January 2009
A RACING circuit today lost its appeal against a legal case brought by a couple and their daughter who say their lives have been blighted by noise from the track.
Croft Circuit, near Darlington, was also hit with an injunction, restricting "noisy activities" at the track to just 40 days-a-year.
Derek and Julia Watson and their daughter, Jill Wilson, all live within about 300 metres of the circuit, in Dalton-on-Tees, and say their enjoyment of their homes has for years been gravely affected by the "loud, intrusive and repetitive noise".
In an extremely rare decision in April last year, High Court judge, Mr Justice Simon, ruled all three had been victims of "noise nuisance" and ordered the circuit's tenants - Croft Promo-Sport Ltd - to pay Mr and Mrs Watson £109,600 damages, and Mrs Wilson £40,000.
Croft Promo-Sport had its appeal against that order dismissed by judges today.
However the issuing of the injunction will result in a reduction in the residents' damages payouts, which were largely based on the reduction in value of their homes caused by the noise nuisance.
Croft Promo Sport also faces massive legal costs bills. The Watsons and Mrs Wilson were represented by top QC, David Hart, and their legal costs bills alone have been put at around £700,000.
At London's Appeal Court, Croft Promo-Sport had argued that Mr Justice Simon was "plainly wrong" to rule in favour of the Watsons.
Richard Jones QC, for the company, argued that 1963 and 1988 planning permissions granted for the race track - formerly a World War 2 aerodrome and first used for racing in 1949 - had "changed the character" of the area to such an extent that the noise levels were reasonable.
He added that noise and other issues relating to the racetrack had been carefully considered by expert planning inspectors during two public inquiries and a balance struck between the interests of local residents and the public amenity value of the circuit.
The QC said the court decision would have serious implications for the future use of the racetrack and had left Croft Promo-Sport not only exposed to enormous legal costs bills, but also open to other potential claims by an "uncertain number" of other neighbouring landowners.
However, Appeal Court judge, Sir Andrew Morritt, today said he could find no legal flaw in Mr Justice Simon's conclusion that the Watsons and Mrs Wilson had suffered an "actionable nuisance".
Sir Andrew, sitting with Lord Justice Richards and Lady Justice Hallett, also ruled it was "illogical" of Mr Justice Simon to deny the trio an injunction, restricting the number of days to 40 on which "noisy activities" can take place at the racetrack.
Croft Promo-Sport were refused permission to appeal further to the House of Lords and ordered to pay more than £120,000 in legal costs straight away. That will be only a fraction of the total lawyers' bills faced by the company.
The objection by the Watsons and Mrs Wilson was not to car and motorbike racing events, which take place on the track on about 45-50 days-a-year, but to "vehicle testing days" and "track days", when members of the public drive cars around the track all day long at high speed.
Croft Promo-Sport Ltd has a leasehold interest in the circuit, which is managed by Croft Classic and Historic Motor Sports Ltd (CCHM). CCHM was set up in 1994 by Mr Jimmy Wilson - who was married to Jill Wilson between 1987 and 1994 - along with Trevor Chaytor-Norris and his wife Katherine, who is the owner of the Croft Motor Circuit.
hairy dan, croft says...
12:36pm Mon 26 Jan 09
philc, darlington says...
12:38pm Mon 26 Jan 09
Marktrack, Luton says...
1:25pm Mon 26 Jan 09
Andyleigh, Tudhoe says...
1:27pm Mon 26 Jan 09
johnmc, croft on tees says...
1:41pm Mon 26 Jan 09
Dan81, Hurworth Place says...
2:04pm Mon 26 Jan 09
grove, D'Ton says...
2:22pm Mon 26 Jan 09
dougmum, Leeds says...
2:23pm Mon 26 Jan 09
big arnie, Darlo says...
2:43pm Mon 26 Jan 09
PettyComplainer, Darlington says...
2:52pm Mon 26 Jan 09
Ninja Rider, Stockton says...
3:00pm Mon 26 Jan 09
the simple, Darlington says...
3:00pm Mon 26 Jan 09
harry2, darlington says...
3:04pm Mon 26 Jan 09
BTCC fan, Near Brands Hatch says...
3:23pm Mon 26 Jan 09
Barr1e, shildon says...
3:29pm Mon 26 Jan 09
dippyone, sedgefield says...
3:30pm Mon 26 Jan 09
stevebrown, bishop auckland says...
3:32pm Mon 26 Jan 09
ianh, hurworth says...
3:57pm Mon 26 Jan 09
ianh, hurworth says...
4:02pm Mon 26 Jan 09
petershaw, darlington says...
4:06pm Mon 26 Jan 09
philc, darlington says...
4:30pm Mon 26 Jan 09
TOM BRAVINGTON, CONSETT says...
4:33pm Mon 26 Jan 09
ianh, hurworth says...
4:56pm Mon 26 Jan 09
350zgt, Darlington says...
5:04pm Mon 26 Jan 09
Sensible Sam, Hunton says...
5:05pm Mon 26 Jan 09
the simple, Darlington says...
5:32pm Mon 26 Jan 09
the simple, Darlington says...
5:35pm Mon 26 Jan 09
the simple, Darlington says...
5:40pm Mon 26 Jan 09
Derwent, Derwent says...
5:48pm Mon 26 Jan 09
BarryS, Belfast says...
5:50pm Mon 26 Jan 09
350zgt, Darlington says...
5:51pm Mon 26 Jan 09
the simple wrote:Croft Spa Hotel?
Most of the competitors stay in tents and caravans and bring their owm booze and food . Which hotel benifits?
the simple, Darlington says...
6:05pm Mon 26 Jan 09
GeoffH, Hartlepool says...
6:07pm Mon 26 Jan 09
the simple wrote:The hotel that the family who brought this case wanted to build there a few years ago would certainly have benefitted. The noise did not seem to be an issue back then, did it ?
Most of the competitors stay in tents and caravans and bring their owm booze and food . Which hotel benifits?
the simple, Darlington says...
6:08pm Mon 26 Jan 09
the simple, Darlington says...
6:11pm Mon 26 Jan 09
BTCC fan, Near Brands Hatch says...
6:13pm Mon 26 Jan 09
the simple wrote:I live near Brands Hatch and haven't felt the need to complain about any events held there. I also live near a bus stop, church and a branch of Battersea Dogs Home - haven't complained about them either. I chose to live where I did and therefore live with the noise.
All these coments from biased people. How many of them wants to live next to croft , I am certain theres plenty of houses for sale near the circuit. Another case of Not in My back Yard Everyone's stupid except them. Notice how they never answer a question they only slag objectors off.
350zgt, Darlington says...
6:18pm Mon 26 Jan 09
BTCC fan wrote:Well said that man. I live in a non-descript semi detached house in off the shelf housing estate in Darlington. I would quite happily swap the Watsons for their house that is so awfull. You pays your money you makes your choice
the simple wrote: All these coments from biased people. How many of them wants to live next to croft , I am certain theres plenty of houses for sale near the circuit. Another case of Not in My back Yard Everyone's stupid except them. Notice how they never answer a question they only slag objectors off.I live near Brands Hatch and haven't felt the need to complain about any events held there. I also live near a bus stop, church and a branch of Battersea Dogs Home - haven't complained about them either. I chose to live where I did and therefore live with the noise. As for "All these coments from biased people" it's hardly our fault that those in favour haven't come on here to express their opinions is it!?!
GeoffH, Hartlepool says...
6:18pm Mon 26 Jan 09
the simple wrote:Whether planning permission was granted or not is irrelevant.
The hotel that the family who brought this case wanted to build there a few years ago would certainly have benefitted. The noise did not seem to be an issue back then, did it ?
Did they get planning permission?
the simple, Darlington says...
6:20pm Mon 26 Jan 09
Kat99, Darlington says...
6:20pm Mon 26 Jan 09
the simple, Darlington says...
6:23pm Mon 26 Jan 09
GeoffH, Hartlepool says...
6:30pm Mon 26 Jan 09
Kat99 wrote:Legal costs won't be their problem as the losing party usually has to pay, thus exposing the Circuit to huge costs. The figure of £700,000 has been mentioned.
I'm at a loss to understand the Judge's decision. If these people moved in and the track was already there, then surely they shouldn't have grounds to complain?
Hopefully, their legal bills will massively outweigh any money they get. I sincerely hope that this doesn't signal the start of the end for racing at Croft. It's a great and very popular amenity.
TOM BRAVINGTON, CONSETT says...
6:37pm Mon 26 Jan 09
the simple wrote:YES I WOULD LOVE TO LIVE NEAR CROFT , IT WOULD BE IDEAL FOR ME , BUT I,M AFRAID ITS NOT THAT SIMPLE. HOW COME ITS OUR RESPONSIBILITY TO MAKE THESE SELFISH PEOPLE REALISE THAT IF YOU DONT LIKE THE SOUND OF MOTOR BIKES AND CARS RACING AROUND A RACE TRACK ......DONT MOVE NEXT TO ONE !!!!!!!!! WHY THE HELL SHOULD PEOPLE WHO SUPPORT THE RACE CIRCUIT HAVE TO GIVE THESE PEOPLE MONEY, THEY SHOULDN'T HAVE CHOSE TO LIVE THERE , THE TRACK WAS THERE FIRST!!! , OR IS THAT WHAT ITS ALL ABOUT ?!!!MONEY!!!!
If all these people want this event to happen why don't they offer to buy the house from these people. How many hotels and pubs are used by people attending these events?
GeoffH, Hartlepool says...
6:45pm Mon 26 Jan 09
1510, Croft says...
6:50pm Mon 26 Jan 09
1510, Croft says...
6:59pm Mon 26 Jan 09
the simple wrote:all around the area hotels, B+Bs and pubs benifit from the Circuit. Including US here at Clow Beck House!!
Most of the competitors stay in tents and caravans and bring their owm booze and food . Which hotel benifits?
the simple, Darlington says...
7:16pm Mon 26 Jan 09
Jammybstard, Barton says...
7:17pm Mon 26 Jan 09
GeoffH, Hartlepool says...
7:22pm Mon 26 Jan 09
Jammybstard wrote:Well you know the sort of people who like to occupy large areas of unused land in this country...At least we'll know where to go to have our driveways re-surfaced.
Plain Stupid
If you want to turn the area into a giant retirement home; this the way to go about it!
1510, Croft says...
7:23pm Mon 26 Jan 09
the simple wrote:There is another hotel in croft, an award winning one, who do have loyal and dedicated staff. This would be us.
' Well paid jobs at the Croft Spa Hotel ' ' loyal and dedicated staff'
lightening-joe, Silsden says...
7:30pm Mon 26 Jan 09
Cheffy!!, langley park says...
7:46pm Mon 26 Jan 09
PettyComplainer wrote:Exactly, Croft has been one of the most strict tracks i've been too, if not the strictest, always saying if your pipes too loud you not getting on track.....
My mate had to go change his exhaust because Croft scrutineers said it was too loud. This is the only time he EVER had to change it in years of racing. Sorry, I was typing a bit loud then..!
John race fan, dalton says...
7:56pm Mon 26 Jan 09
Derwent, Derwent says...
8:13pm Mon 26 Jan 09
alfaromeo1, northallerton says...
8:19pm Mon 26 Jan 09
sensible, durham says...
8:22pm Mon 26 Jan 09
mid life crisis, Bury says...
9:38pm Mon 26 Jan 09
Andy Dunnet, Edinburgh says...
10:29pm Mon 26 Jan 09
Mach 1, Birtley says...
11:18pm Mon 26 Jan 09
JoanneB1973, Preston, Lancashire says...
12:10am Tue 27 Jan 09
cupid stunt, crook says...
8:23am Tue 27 Jan 09
tamaz, Airdrie says...
8:29am Tue 27 Jan 09
69lou96, darlington says...
10:32am Tue 27 Jan 09
fredrobson, stockton on tees says...
10:35am Tue 27 Jan 09
madisonmotorsport, Ashford says...
10:53am Tue 27 Jan 09
chris.burns@npat.co.uk, Bishop auckland/crook says...
11:25am Tue 27 Jan 09
paris1, darlington says...
12:14pm Tue 27 Jan 09
Vem, Darlington says...
12:26pm Tue 27 Jan 09
paris1 wrote:Did you buy your house when you knew the circuit was there?
SOME PEOPLE HAVE SAID THEY WOULD LIKE TO LIVE NEAR THE CIRCUIT. MY HOUSE HAS BEEN ON THE MARKET FOR 4 YEARS & CANT SELL IT BECAUSE OF THE CIRCUIT. . .SO WHY DONT YOU BUY IT!
Vem, Darlington says...
1:17pm Tue 27 Jan 09
69lou96, darlington says...
2:48pm Tue 27 Jan 09
John race fan, dalton says...
3:39pm Tue 27 Jan 09
Andy Dunnet, Edinburgh says...
4:38pm Tue 27 Jan 09
Cheffy!!, langley park says...
8:22pm Tue 27 Jan 09
Cheffy!!, langley park says...
8:28pm Tue 27 Jan 09
John race fan, dalton says...
8:42pm Tue 27 Jan 09
the logical view, says...
9:06pm Tue 27 Jan 09
the simple wrote:It's a shame that the case didn't appear to consider its true impact. How many times have our young people been advised not to use the roads as a racetrack, and to keep it for trackdays? And yet a company is punished for successfully attracting large nos. of people doing exactly that.
If all these people want this event to happen why don't they offer to buy the house from these people. How many hotels and pubs are used by people attending these events?
yella, lincoln says...
9:52pm Tue 27 Jan 09
Dave Ladders, London says...
9:37am Wed 28 Jan 09
Marktrack, Luton says...
11:28am Wed 28 Jan 09
analytical, Darlington says...
5:09pm Wed 28 Jan 09
raybould00, Dalton-on-Tees says...
5:39pm Thu 29 Jan 09
raybould00, Dalton-on-Tees says...
8:27pm Thu 29 Jan 09
Marktrack, Luton says...
12:47pm Fri 30 Jan 09
sam919, dundee says...
12:58am Sat 31 Jan 09
chris allanson, aldbrough says...
12:48am Thu 5 Feb 09
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loan_star, Darlington says...
12:33pm Mon 26 Jan 09