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 @

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

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2011 Scoping Report explaining what must be in the final NMP

2014 June 10th Environmental Health Officer (EHO) criticises the submission and requires further information at an appropriate standard.

2014 July 3rd Senior Planning Officer requests clarification of noise

2014 November NMP version 1 submitted

2014 December Officer Report; noise extracts

2014 December 23rd Development Panel Approve Condition 6 Noise

2015 Feb 27th Nicholson Claim against Allerdale submitted

2015 02 27 CLAIM BUNDLE for Nicholson v Allerdale BC

2015 03 23 Allerdale summary grounds of defence Nicholson v Allerdale

2015 03 24 MSport Summary grounds of defence by Pinsent Masons

2015 05 29 Allerdale detailed grounds of defence NICHOLSON v ALLERDALE

2015 05 29 MSport as Interested Party detailed grounds of defence by Pinsent Masons

2015 07 06 Allerdale Defendant skeleton argument final NICHOLSON v ALLERDALE

2015 07 06 MSport Interested Party Skeleton Argument Final

2015 07 06 Nicholson Complainant skeleton final

2015 07 09 Hearing before Justice Holgate at Manchester High Court

2015 08 27 CO 941 2015 Nicholson v Allerdale BC Judgment draft judgement offering opportunity for remedy of defective permission (see final judgement para 85)

2015 08 30 In documents submitted to High Court Allerdale propose to enter a contract with Msport using a Section 106 agreement.

2015 08 30 MSport Section 106 Agreement amended 29 8 15

The section 106 agreement states in section 1.1 Definitions

“Draft Noise Management Plan means the current draft of the Noise Management Plan attached to this Deed at Appendix 1 (ref: 2e draft) approved by the Council's Environmental Health Officer on 31 July 2015”  [my emphasis]

2015 07 31 Noise Management Plan NMP Version 2e submitted by MSport approved by Allerdale EHO

The proposal submitted in documents from Allerdale and Msport were considered at The Royal Courts of Justice by Justice Holgate who states in his judgement para 86

“In fact the Defendant and the Interested Party did put forward a proposal for the hearing on 1 September. They suggested that a section 106 planning obligation be executed which would require the owner of the site to obtain the Council’s approval to a final version of the Noise Management Plan based upon a revised draft of that document agreed between the Council’s Environmental Health Officer and MSL on 31 July 2015 (version 2e). In effect the noise controls to be approved under the planning obligation would be based upon the July 2015 draft of the Noise Management Plan rather than the November 2014 draft (version 1). In particular version 2e would require the Council’s approval to noise levels set not only by reference to LAeq 1 hour but also LAmax or other measures, in order to control peak noise. This was intended to supply the control missing from condition 6. However, it was not proposed at that stage to alter condition 6 itself. “ [My emphasis]

Paragraphs 82 - 89 an others should be read in relation to the quotation above in 2015 October 12th Nicholson v Allerdale BC JUDGEMENT FINAL CO 941 2015