Ducati Sporting Club UK > General > Idle Chat > NIMBYS win @ croft

[batz748]

Originally Posted by NBs996

.... and it seems the judge disagrees with what you say batz... he seems to think there's no law on this, it's just down to the judges to decide....

The way I read it... it's a financial loss for Croft circuit for sure, but on the whole there's a few precidents set within the judges summing up which can be used in favour of the circuits.

I was referring to law made by judges ie case law and as it stands the judge in a high court is obliged to follow precedents made in higher courts unless they can distinguish them on their facts. The case before him he obviously felt did not bring new arguments and so he was obliged to follow existing precedent.

There is currently a case going through the appeal process challenging the princples established in earlier nuisance case law that you could not move to a nuisance - but reading the facts of this one it doesnt appear that this will help the race circuit as the track was not being used as frequently as it is now.
Lets hope the case in the court of appeal is successful.

[NBs996]

Agree with you batz.

Reading again the conclusion to Issue 3, I think I've misinterpreted it in my post ^^^up there. It appears the judge is deciding whether the rule works injustice and should he overrule it. But the judge is certainly considering 'coming to a nuisance' as a defence, and says he only to reject the defence because the claimants were there before the noise, which is why such defence doesn't apply in this case.

Anyway, this is all too complicated for me... I don't even know what some of them words mean!!!

[skidlids]

Birdy isn't to happy with the decision
http://www.bikesportnews.com/article...O FT_DEMISE_1

[Ray]

There are only four "noisey" days at Croft in 2009 for bike trackdays at 105db.

All the other other days are 100db. Looks like I'll be be having a quiet year again. That or seeing what effect the standard pipes have on me bike along with the standard pipe ECU. Not bothered about a few BHP or lb less just the effect on the AFRs.

I'll be in the crazy situation of putting "road" pipes on for the track and "track" pipes for the road

Or maybe just not bothering to use the Ducati at all at Croft.

Ray.

[Monty]

How about we organise a 'meet' outside their house Ray-might give them something to complain about.............

John

[Ray]

Track day companies both on two wheels and four have stopped taking bookings for croft.

There are gonna be a handful of trackdays.

So far only the legal eagles are sitting pretty in this.

There was a two page spread in motorpsort news formerly Motoring news about the implications this had for every circuit in the country.

Ray

[WeeJohnyB]

Croft will close imo Ray. They cannot survive on so few days. If they manage to survive, you'll have to book a year in advance to get a place.

Be interesting to see what happens going forward as it looks from the outside like anyone near to any sports venue can now quote this as a case and have the place restricted or closed.

WeeJohnyB

[Gbyte666]

Originally Posted by Monty

How about we organise a 'meet' outside their house Ray-might give them something to complain about.............

John

I support this action.....At least then any future actions from other residents that choose to live near a track will know they are going to have a few people turning up for a ride/drive past

Craig

[WeeJohnyB]

I reckon that will be on the cards at some stage, someone will organise regular local rideouts and club meets in the field next to them.

I do sympathise to an extent, not if they moved there recently, but if they have been there for many years they will have seen an incredible increase in the amount of use and also in the noise level from a race circuit. I’m guessing, but, going back a few years, trackdays didn’t exist, now most tracks want to try to be used every day if they can get away with it.

I live on a busy road and have only just moved here and fully expected a lot of noise, sure, and I accept it of course, but I’d love to ban the use of loud pipes on the Nova’s and Saxo’s and sometimes their music is so loud it makes things in my house vibrate. On the other hand, the Abbey is next door and the noise from the bells is incredible, particularly when they are practicing on a Sunday, but luckily I think it’s a wonderful sound.

WeeJohnyB