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Old 21 Apr 2014, 07:42 (Ref:3396078)   #1
stevebrown
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Mildenhall Stadium e-petition & repercussions for motorsport in general

I am hoping you can help me as I wasn’t sure where to post this, so speaking as a former marshal, I went for this one as I know a lot of 10/10th members post here. (Mods feel free to move this if you think another forum is more appropiate).

Near to where I live is a Speedway stadium based at Mildenhall, Suffolk, home of the Mildenhall Fen Tigers. They were founded in 1975, in fact I attended the very first meeting there where the cinder track was separated by straw bales and you could just drive your car up to the edge of the circuit. Now, I have no affiliation to the circuit or the owners RDC Promotions but what has happened recently may have future repercussions on Motorsport in general.

In 2006 a couple moved to within one kilometre of the circuit and soon started complaining about the noise, despite the being TWO airbases nearby! Yes it is the same old story, "We didn't know there was a Speedway stadium there". They took the previous owners to court & lost. In 2008 RDC took over and were ordered to build a noise barrier at a cost of £46000. Meanwhile the couple appealed against the original decision and won the case at the Supreme Court recently and got compensation. They all go to court again soon to see if they can get costs, which if successful will probably spell the end of the team and the venue which also hold stock car & greyhound racing. There are now restrictions on what the Stadium can do.

Now the important bit. The Judge at the appeal stated that: The law says that them coming to the noise is no defence and planning permission makes no difference. In other words it doesn’t matter if the venue was there before the complainants. I am not sure if this ruling has actually been put in force before but it may now open the floodgates to anyone moving near any established motorsport venue. Just up the road is Snetterton & Mildenhall stadium may just be a tiny little venue and I know Speedway doesn’t get much coverage on this forum but this could just be the start. I know there have been e-petition request on here before but this case may have set a precedent.

RDC have started a Government e-petition to try and get the Law changed that was stated by the Judge. I am hoping that the members of Tentenths could make a difference and sign the e-petition. Please make as many people aware of what is happening in a small town in the Fens and that they have a chance to sign the petition. RDC are only a small business and at the moment still working on this at a local level but are looking at taking this to a bigger audience. I have mailed them to tell them about Tentenths and they asked if I could post this on their behalf. I wasn't sure which thread to post this to but have contacted Grant who gave me the go ahead.
I apologise for not providing a direct link to the petition as I got this from a local newspaper and did a bit of C&P. It does work though.

http://epetitions.direct.gov.uk/petitions/62894.

At the moment the petition stands at 18000 signatures. (This includes a paper petition).
It would be great if our UK members can have a chance to sign it. It would certainly boost the numbers.

Last edited by MagnetON; 22 Apr 2014 at 06:49. Reason: Made the link active.
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Old 21 Apr 2014, 08:14 (Ref:3396095)   #2
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This this thread was pre-approved.
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Old 21 Apr 2014, 08:44 (Ref:3396103)   #3
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To be fair any law student could have told them that coming to a nuisance is no defence, it's the standard legal position on nuisance (noise, light, emissions etc etc). I'm not faking it's right or 'fair'and it doesn't help with it being repeated in a higher Court but it's as it ever had been
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Old 21 Apr 2014, 09:48 (Ref:3396124)   #4
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To be fair any law student could have told them that coming to a nuisance is no defence, it's the standard legal position on nuisance (noise, light, emissions etc etc). I'm not faking it's right or 'fair'and it doesn't help with it being repeated in a higher Court but it's as it ever had been
But now it has gone to a higher court this may have a devestating effect. This is not just about saving a tiny sporting venue of a "minority" motor sport, and you may think I am exaggerating this but it could be the big picture every motor sport fan has feared. Now the NIMBY's know they can move in and play the "I didn't know it was there" card. Hope you sign the petition Piglet.
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Old 22 Apr 2014, 06:47 (Ref:3396520)   #5
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http://epetitions.direct.gov.uk/petitions/62894
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Old 22 Apr 2014, 06:50 (Ref:3396521)   #6
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Thanks for the direct link Apple
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Old 22 Apr 2014, 07:39 (Ref:3396537)   #7
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i have signed it
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Old 22 Apr 2014, 08:08 (Ref:3396545)   #8
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this sort of thing really gets my goat..people of mildenhall should give these idiots a piece of their mind.it will affect the areas commerce
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Old 22 Apr 2014, 15:59 (Ref:3396776)   #9
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How about a counter claim that NIMBYs themselves are a nuisance as they interfere with other people's enjoyment of sport?
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Old 24 Apr 2014, 19:12 (Ref:3397853)   #10
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Hi there. First post from me, although I have been reading the Forum for some time and am now in my 4th year of marshalling. I generally don’t get time to contribute to forums, but this story drove me to sign the petition, and I want to add my views on the subject as well….
I first read about this in Autocar a couple of weeks ago; it boiled my potatoes then, and I’m still mad as hell now. If this decision stands, anyone too stupid to check the local environment before buying a house – or arrogant enough to buy it anyway, and expect everyone else to change to suit them – will be able to impose their will regardless of local history, culture etc. As has been pointed out already, if it can happen to Mildenhall, it can happen to your favourite circuit too. If we don’t all speak out now, we can’t expect support from others when that day comes. As a much wiser man than me once wrote, first they came for the Jews….
Hopefully the petition will gather support and force a rethink of this decision. It flies in the face of natural justice, although the more cynical will probably have concluded a long time ago that the law in Britain has precious little to do with that anyway.
Thanks. I'll shut up now ...
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Old 24 Apr 2014, 19:41 (Ref:3397861)   #11
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I can't sign it due to my not being in the U.K. But I hope that it gets the needed signatures to make a change.

Things like this are also why I fully support a quieter F1.
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Old 24 Apr 2014, 21:37 (Ref:3397904)   #12
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As Mildenhall is home to some noisey miltary hardware how come said couple don't mind them, have they been asked?
I can imagine the response they would get from the powers that be.
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Old 24 Apr 2014, 22:53 (Ref:3397922)   #13
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As Mildenhall is home to some noisey miltary hardware how come said couple don't mind them, have they been asked?
I can imagine the response they would get from the powers that be.
Well maybe they have had a hand in the possible closure of Lakenheath AB. And there was something in the local media about Ospreys start starting night flights from Mildenhall in the summer.

Thanks for you comments so far and glad to see support from across the Pond. Pity you can't sign it. but keep the momentum going; tell your friends as well. I believe the petition runs until June.
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Old 25 Apr 2014, 10:54 (Ref:3398076)   #14
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Brandon Stadium in Coventry, home of Speedway & Stock Cars is closing within the next 3 years as well.
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Old 28 Apr 2014, 19:33 (Ref:3399338)   #15
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beyond a fecking joke this, we have had croft and mallory and far too many racetracks have to pander to these folk. I would imagine things would be harder for the stock car/speedway fraternity as these stadiums are almost all in a town/city centre location. seriously motorsport brings business, even at the likes of cowdenbeath the hotels, pubs and takeaways get a large amount of trade as folk will go racing on a saturday night, grab a fish supper on the way in and a kebab on the way home
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Old 25 Jun 2014, 15:29 (Ref:3426346)   #16
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Sorry for bumping this up again. Just to let you know this epetition will be closing at 10:14 tomorrow so if you have not signed it please do so. Thanks to everyone here who has commented or signed the petition.

Just to show how important this has become, "The Supreme Court ruled that the High Court was correct that in ‘coming to a nuisance’ the owners were entitled to damages". We know the law exists, but now it has been put into practice. It has the potential to open the floodgates for anyone to move to any racetrack or sports venue, plead ignorance and get that venue to cough up enough money to force it to close down.

The owners have done everything to conform to environmental concerns but that doesn't seem to be enough. They are still waiting for a court decision on awarding costs. If that goes against them then the club that should be celebrating 40 years next year may have to close.
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Old 25 Jun 2014, 16:41 (Ref:3426377)   #17
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I've signed it but it appears that the Government have already responded, basically on the lines that they cannot intervene in a judicial matter.
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Old 25 Jun 2014, 17:08 (Ref:3426381)   #18
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I've signed it but it appears that the Government have already responded, basically on the lines that they cannot intervene in a judicial matter.
Didn't realise that. I just read a news item that the petition was closing.
It's obvious now where the government stands on Motorsport.
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Old 25 Jun 2014, 17:46 (Ref:3426389)   #19
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Didn't realise that. I just read a news item that the petition was closing.
It's obvious now where the government stands on Motorsport.
I believe that you will find that the government has no standing (a legal term) in court to object to a court's decision in a case that they had no initial interest in.

The government requires parliament to pass laws, and then relies on the courts to interpret the laws that have been passed - common law is somewhat different, but the courts are constantly interpreting and re-interpreting them as well - so it would require parliament to amend the laws that are in place to stop the courts repeating something like this.

In my opinion, they are unlikely to, or to be able to, make a change in the law retrospective in this matter. It has nothing to do with whether the government supports motor-sport or not.
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Old 25 Jun 2014, 18:06 (Ref:3426399)   #20
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The law is an ass and repeatedly demonstrates this fact.

A minority can now stop a majority enjoying a legitimate pastime.
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Old 25 Jun 2014, 20:07 (Ref:3426446)   #21
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The owners are trying to get the government to look at the law not change the judicial proceedings.
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