WIREDGOV

Residents of a Leicestershire village plagued by excessive noise from a nearby motor racing track have had their complaints upheld by the Local Government Ombudsman (LGO).

The residents, who live in a small village in the Hinckley and Bosworth area, complained that the borough council failed to take action when previous track operators breached the conditions of an enforcement notice, and increased the number and frequency of events.

The complaints were brought by two couples living in the village.  One of the couples represented 47 other residents. Residents said that events at the track were being held so frequently that they could not enjoy their homes and gardens for much of the year.

A noise attenuation notice issued by the council in 1985 specified the number of events that could be held at the track. The complainants said that in recent years the number and duration of events had increased sharply.

Residents claimed that there had been a significant increase in activity to the extent that there was now noise disturbance from the track on the majority of days each week including both Saturdays and Sundays for a large part of the summer.

In 2012, events were planned for 27 of the 32 Saturdays between April and October when the 1985 notice said there should have been only four. And in April 2013, when one of the complainants reviewed the track calendar for that season they noted there were 60 days when activity was planned that would breach the notice.

Residents said when they complained to Hinckley and Bosworth Borough Council officers delayed acting on their complaints, failed to monitor noise levels and delayed obtaining legal advice. They failed to take any enforcement action against planning breaches and adopted an approach of trying to get residents to agree with operators on an increased level of use for the track rather than prosecute for breaches.

The residents complained to the council in March 2011. The council did not start collecting evidence for a prosecution until August 2012. Finally, in February 2013 the council started court proceedings against the (now former) race track operator and that case went to court in August that year.

Dr Jane Martin, Local Government Ombudsman, said:

“Neighbours living in the village accept that there will be some noise from the track, but what these people had to put up with was unacceptable.

“At times they have described the noise as intolerable. They were not able to enjoy their homes and gardens for months on end, and for them there seemed to be little respite or redress.

“Hinckley and Bosworth Borough Council should have acted sooner to investigate their complaints. Officers delayed taking any action and relied for too long on the hope that low level liaison would solve the problems – even when it became patently obvious that it would not.”

The council has now instructed a barrister to provide legal advice on the contents of a new notice to be served on the new track operators.

The LGO has recommended that the council consider how to address the outstanding queries over the impact alterations to the track and spectator bunds have had on noise levels. It should pay £2,500 to one couple for the delay between March 2011 and February 2013 in taking formal enforcement action.

The council should also pay £5,000 to the second couple as a contribution towards their receipted expenses for legal advice and noise reports.

The council should also make a £1,000 donation to the village schoolroom committee to use as it sees fit for the benefit of other residents who have joined in this complaint.

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