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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“Our natural environment is essential to our wellbeing ...” States the Minister in the NPPF.
We agreed and decided to act on that sentiment. Our rural tranquility should not be sacrificed for the economic benefit of a multi millionaire.
We renovated our near derelict house and created a garden that planners recognise is a community asset.
Our pensions are poor but our commitment is strong. We will fight to keep the peace and quiet of our village. The attempt to make Dovenby Hall Estate into an industrial estate with a 24 hour car factory and race car testing track is wrongly sited. There are remote places and industrial zones that are better locations. My wife and I decided to challenge the lawfulness of the planning decision using our meagre savings. Our priorities are our home and our village setting, not holidays and extravagant spending.
Unfortunately DiY on the home and garden is inappropriate for legal issues. So I learned the difference between a solicitor and barrister, instructed a barrister directly, found the advice not appropriate, realised I should use a solicitor to identify a potential case then engage a barrister and ask the solicitor to instruct the barrister to consider if there is a potential case that could be presented for judicial review.
See the legal pages for more information.
I selected the best noise consultant and best solicitor specialising in environmental law and a barrister who was elected to be a QC (took silk) after I engaged him.
The costs started mounting. Fortunately a significant number of villagers recognise the value of our rural tranquility and feared the disruption from a race car testing track. So those noble committed people put their money where their mouth was and supported my case. Thank you all very much.
Eventually we won but were alarmed that the case was won because Allerdale Planning Officer deliberately and unlawfully ignored the specific and obvious requirement from Allerdale Environmental Health Officer that for noise to be measured then the maximum noise needs to be measured.
How else can you realistically measure what the noise is and what the effect of noise will be on people! The odd answer desired by Msport and recommended by the Planning Officer was to measure the noise over an hour and ignore its peaks. A bit like a speed limit without measuring the maximum speed.
Why would Msport and Planning Officer require maximum noise not to be measured? Answers in non libellous language please!
We won our judicial review and Allerdale had to pay £26,125 plus VAT (£31,350) which does not cover all the legal costs so beware if you are thinking of starting a judicial review, the costs soon mount up.
The situation now is that we still have a significant sum deposited with the solicitor, but more donations would be gratefully received for the next round of legal battles.
We expect that Msport will try to have very high peak noise, high maximum decibels. We would then ask for another judicial review if the levels seem likely to be detrimental to our amenity (too loud to live with).
If we lost a JR or decide not to go to JR then we would purchase noise recording equipment and put the data online. The noise recorder needs to be Class 1 so its data is useable in court; lesser recorders can have data that may be successfully challenged in court. Class 1 recorders cost £3-£5,000 with another £2-£5,000 for wind and video recorders and software and computer and network. So if you want to know how loud it is, pay towards the equipment.
The noise recorded data would be used in noise nuisance proceedings in court, another expensive adventure, but what is your house and quiet garden worth? Pay towards peace or suffer the noisy consequences.
We renovated our near derelict house
In nature we find peace in our soul and contentment in life
Derelict weed covered bank now a community asset
Many Dovenby Village houses were built as part of the Dovenby Hall Estate. Our house was built between 1680 and 1750 and has a historic contextual relationship with the Dovenby Hall.
Our deeds state that our cottage was owned by Dovenby Hall Estate of Ballantyne Dyke.
So ruining the setting and context of our houses is hurtful to me and I feel that I need to preserve our historic link by trying to preserve the setting of the rural parkland - without factory and track.
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