Dovenby Village

Know your past, appreciate what is special, preserve our environment

All content are opinions and objections that were raised as part of the response to Msport planning application to Allerdale planning ref 2/2014/0350.  If you have any comment or disagreement then first realise that opinion is just that, opinion in a public planning process.  You may email factual errors to Contact @ dovenbynoise.info

A rural village with a medieval heritage - but an industrial estate imposed beside it

   Information & action to preserve rural tranquility

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In 1998 Msport bought the parkland and mansion called Dovenby Hall Estate.  They make rally cars and have been good(ish) neighbours until last year when they applied for planning permission to build a 24 hour factory to make cars and an adjacent race car testing track.


There were over 200 objections to the development; ancient woodland destroyed, wildlife disturbed, historic setting of listed building irreversibly changed, noise.


Msport agents Northern Developments commissioned Environmental Impact Assessments (EIA), noise reports with a draft Noise Management Plan (NMP), drainage & flood risk investigations, race track design, wildlife survey with mitigation actions, woodland survey with felling and restocking or relocating plans.


Some people in the community contributed to two separate professional independent peer reviewers of the noise reports. After our report a new application was made, we peer review, then again a new application, we peer review then another application.  Our money and expertise were having an effect but we were chasing one step behind their attempt to get away with what we considered unacceptable.


Eventually a Development Panel was arranged in November 2014 but our barrister sent a warning that a judicial review was likely.  This caused a postponement and I requested that the rearranged meeting should not be in Christmas week because I would be away at family Christmas.  It was deliberately held at Christmas, December 23rd 2014 !


Villagers spoke against the application but it was passed.


Many people then appealed to the Secretary of State for the application to be called in for decision but that was declined.


Permission was granted effective from

THE BIG ISSUE IS ...

The application form has missing or misleading information.

Misleading Information

How can so many safeguards in Allerdale Development Plan be ignored or over-ruled?

Answer: because the “economic case” outweighs everything!

Application fails the Development Plan

Allerdale Planning Officer’s report recommended approving a race car testing track where race cars would not have their maximum noise measured!


Like a speed limit without measuring maximum speed


Noise pollution without a maximum level.


They approved an average over an hour that could be ear splitting noise with a quiet period - the average will seem acceptable over an hour, ignore the worst.


Allerdale Development Panel approved this.

CAN THIS BE RIGHT?

Judge declares Msport permission unlawful

After judicial review at  Manchester High Court and The Royal Courts of Justice, London, Holgate J ruled that that the grant of planning permission for the MSport development at Dovenby Hall was unlawful. Allerdale and MSport tried to control noise without requiring maximum peak noise to be controlled.  Put simply, the permission only controlled noise levels averaged over a one hour period. There was no consideration of maximum noise levels.  


As one councillor said, you don’t need much maths to realise that an average over an hour can hide a huge noise.  You know that average speed cameras at Bassenthwaite do not mean that you can have unlimited maximum speed between them.  Councillors may feel misled by planning officers whose report resulted in a permission that unlawfully ignored their own stated requirement for maximum noise.  Another councillor said that they (Development Panel) thought that they had settled the maximum noise; they hadn’t because the worst noise was uncontrolled. …

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HOW THE ISSUE DEVELOPED

How can so many safeguards in Allerdale Development Plan be ignored or over-ruled?

Answer: because the “economic case” outweighs everything!

Non Material Change - all correct?

All content are opinions and objections that were raised as part of the response to Msport planning application to Allerdale planning ref 2/2014/0350

If you have any comment or disagreement then first realise that opinion is just that, opinion in a public planning process.  

You may email factual errors to

Contact @ dovenbynoise.info

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