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
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Information & action to preserve rural tranquility
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Is Allerdale Council ignoring its community?
(Letter to Times & StarOct 21st 2015)
The Ombudsman found that Allerdale were in error in a planning issue about wind turbines and at the Development Panel meeting October 20th 2015 Allerdale had to make a public apology.
The Ombudsman is currently investigating another planning issue, housing at Strawberry How, after many people complained.
A High Court judge found Allerdale were unlawful to permit the MSport track development without requiring the measurement of maximum noise (like an speed limit without any maximum speed!).
Allerdale Development and Planning Officers and councillors have a difficult role in balancing development with protection of community interests. It seems that the balance has moved in favour of the developer.
Allerdale's fear may be that refusing permission will be costly for Allerdale BC if the developer appeals to a Planning Inspector. Allerdale should realise that it is costly if a permission is found unlawful.
MSport and Allerdale should realise that permitting excessive noise and a lax noise management plan may result in a successful noise nuisance claim that would make MSport's development no longer viable.
It is thus crucially important for Allerdale to pay more attention to the community's fears and adjust the balance towards fairness and sustainability. The alternative may be another criticism by the Ombudsman of Allerdale and restrictions on MSport's operations imposed by a court.
Things to be aware of / The situation now
A Noise Management Plan is currently being discussed between Msport / Northern Developments and Allerdale Environmental Health Officer and Development & Planning Officer.
The NMP should be developed from both the November 2014 and the July 2015 version 2e.
Questions about Corporate Days and timing were replied by Allerdale Chief Executive here:
Noise Management Plan - Issue 1 Nov 14th 2014 can/should have beneficial elements of Issue 2e in the final NMP according to the JR ruling.
Noise Management Plan 2e suggests a version of self policing that is designed to allow a succession of cars to operate with unlimited noise then be taken off the track as a “punishment” into the “quiet corner / sin bin” (pits) for a tune up while the next vehicle makes unlimited noise and is taken off the track to the “quiet corner / sin bin” and the “sin bin” car can return to the track to make unlimited noise before returning to the pits “sin bin” to be tuned up.
Noisy testing followed by pit stop for tune-up is their normal mode of operation and if they try to present it as a self policing system we should be prepared to challenge the legality of this.
Read the success section of the Judicial Review that states why Allerdale were unlawful in not requiring noise to be controlled by measuring maximum noise
Cricket Pitch relocation = Construction Commences
Condition 22 relocation of cricket pitch to Broughton is about to be permitted. See Allerdale website
THINGS TO BE AWARE OF / The situation now