A judgement was agreed today (25 October 2012) on one of the most significant noise abatement cases City of York Council has dealt with.
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The council’s environmental protection unit attended a court hearing at Barnsley Magistrates Court prosecuting Elvington Park Limited, Elvington Events Limited and John Christopher Hudson for breaching a noise abatement. The notice was served on the companies and Mr Hudson (the company secretary and director for both companies) in October 2009.
Once the notice was served an appeal was made against the notice to the magistrates court where the notice was upheld. Further appeals were then made to the Crown Court and then the High Court where again the notice was upheld. The final hearing at the High Court was heard in August 2011.
Throughout the appeals process City of York Council continued to receive complaints about noise from motorsport activities at the airfield.
Anthony Dean, Principal Environmental Protection Officer, said: “We have received hundreds of noise complaints from local residents about motorsports and related activities at the Elvington Airfield since the owners bought the site in the year 2000.
“The council welcomes the Magistrate Court’s judgement in favour of our noise abatement notices. We will continue to respond to noise complaints from local residents and monitor noise levels at events held at the airfield.”
On 7 August 2011 officers visited residential dwellings near to the airfield and witnessed noise from motorsport activities which were sufficiently loud to prevent the occupants of the property from being able to use their properties. On 16 October 2011 officers again visited dwellings near to the airfield and witnessed loud noise from motorsport activities which cause a statutory noise nuisance.
Following a three day trial at Selby Magistrates Court District Judge Foster gave his judgment on the case this morning (25 October) at Barnsley Magistrates Court. Both Elvington Park Limited, Elvington Events Limited and John Christopher Hudson were found guilty of causing statutory noise nuisance on 7 August 2011 and 16 October 2011 in breach of the previously served noise abatement notice.
The three defendants were fined £3,500 each and costs of £14,500 were awarded to City of York Council.
