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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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From Mr Brendan Carlin Allerdale Solicitor
To Richard Buxton Solicitors
Nicholson v Allerdale Borough Council
Dovenby Hall, MSport Development
We refer to your letter dated 6 November 2015.
In that letter you request that we keep you informed on the progress in the discharge of condition 6 of the planning permission for the test track facility at Dovenby Hall (2/2014/0350). You also request that we provide your client and local residents with an operative draft of the Noise Management Plan (NMP) prior to it being finally agreed.
We confirm that discussions with representatives of MSport are ongoing with a view to the further development of an updated NMP and a timetable for the formal submission and consideration of the NMP by the Council. This will include consultation with the community as part of the process.
You also request that the NMP or noise limits are agreed prior to the construction of the test track facility. We note that the concern now highlighted was not raised as part of the Judicial Review and the Court did not identify any concerns. While the Council does expect an application for the approval of the NMP to be submitted in early 2016, it cannot guarantee that work on the construction of the track will not commence before then. The Council is satisfied (as was the Court) that the condition provides the Local Planning authority with the power to ensure the amenity of the community can be adequately safeguarded.
In relation to query regarding corporate or club events held at Dovenby Hall, it should be noted that the planning application envisaged that corporate events would take place at the site and condition 7 provides for this. A separate planning permission will not be required for this but would fall within the scope of the NMP and the use of the track would be subject to the limitations on noise and operating hours set out in that NMP.
You asked whether condition 22 has been discharged. No application has been submitted to discharge this condition. Any application to discharge the condition will be made available via the website in accordance with our normal procedures.
We look forward to hearing from you.
Allerdale Solicitor re NMP, noise in corporate, club events, con22 cricket pitch. Nov 19th 2015
Chief Exec re Noise Management Plan
Oct 26th 2015
From Mr Frost Chief Exec Allerdale BC
To: Mr M Fossey
October 26th 2015
Dear Mr Fossey
Thank you for your email outlining your concerns in relation to the timing of an application for the approval of the updated Noise Management Plan. Whilst this particular concern was not raised during the recent judicial review of the planning permission I believe the Court was satisfied (as am I and my team), that the condition (6) as currently worded will provide us with the necessary level of control over the level of noise associated with the proposed development through the approval of an updated Noise Management Plan. I would add that in any event the Council has no power to amend the condition unless an application were to be made by M Sport seeking an amendment.
To provide you with reassurance in relation to this matter I can advise that in the scenario you outline M Sport would not be able seek compensation from the Council provided the Council does not seek to impose unreasonable restrictions. In the event the Council were to seek to impose limits that M Sport considered did not meet their operational requirements the appropriate recourse for them would be to appeal the Council’s decision. The matter would then be considered by the Planning Inspectorate and local residents would have an opportunity to engage with the appeal process. I do not think that the prospect of a planning appeal would place undue pressure on the Development Panel given that this is the norm for any refusal of planning permission or imposition of a planning condition and is a process with which they are entirely familiar.
I would stress that as a Council we are well aware of the concerns of the local community in relation to the impact of noise from the proposed development and have always been clear that a robust noise management regime must be in place to safeguard the amenity of the wider community.
The Council’s planning and environmental health officers are in ongoing discussions with representatives of M Sport to further develop the Noise Management Plan and agree a timetable for the formal submission and consideration of the Plan by the Council which will include consultation with the community as part of the process. I very much hope that the updated noise management plan, along with its subsequent testing and validation, will provide confidence within the community that noise will be properly controlled.
I can reassure you that the local community will be consulted and will have an opportunity to comment on the updated Noise Management Plan prior to a final decision on the formal approval of the Plan. In terms of timing, and whilst I cannot guarantee that work will not commence on site prior to the approval of an updated plan, I do expect that an application for the approval of the updated Noise Management Plan will be submitted in early 2016.
Ian Frost | Chief Executive Officer
Allerdale Borough Council, Allerdale House, Workington, Cumbria, CA14 3YJ