Det är inte bara här i Sverige som bullerproblematiken blir mer och mer påtaglig. Den engelska banan Croft har i en första instans förlorat en rättstvist om bullernivå hos en nära boende familj, föräldrar i en fastighet och dottern i en annan.
Croft har blivit ålagda att betala 150 000 £ i skadestånd.
Hela historien har dock en minst sagt bitter bakgrund. Familjen flyttade till två olika fastigheter vid banan 1990 eftersom dottern var gift med ena ägaren till banan. Banan har varit i drift sedan 1962 men funnits ännu längre. De utökade användningen av banan och planerade även hotellanläggning i en av fastigheterna. Sedan skilde sig dottern från mannen som inte längre är delaktig i banans drift.
Sedan dess har familjen klagat på buller från en bana som de visste fanns där och som deras dotter delvis var med om att starta upp....
¨familjen verkar dessutom gansk välbärgad då de köpte fastigheterna för 350 000 £ 1990 samt att de beräknas ha lagt ut ca 700 000 £ i rättegångskostnader...
Det stora problemet skulle bli om detta blir prejudicerande för England. Se texten och även sist en länk med all juridik i fallet.
http://www.motorcycleracer.com/blog.htm
20 January 2009 | LC
As lamentable as it is inevitable, last week, a High Court Judge sided with
some residents who live near Croft Circuit, claiming the noise from the
track was making their lives unbearable and were awarded £150,000 in
compensation.
The circuit has appealed against the ruling and the outcome is expected with
a matter of weeks but if upheld, it will mean every other man and his dog
within earshot of a race track (not only Croft.) will be able to sue the
owners for the inconvenience.
But as bad as this is, when you read the facts, it will make any self
respecting person, not only motorsport fan, spit feathers of rage.
These people, openly named on the various documents pertaining to this case,
only moved to the area relatively recently, during which time the circuit
was in active use, as it always has been since 1962.
Eventually, their son-in-law was appointed Circuit Manager and between them
all, they acquired some property adjacent to the offices at the circuit, one
of which they planned to turn into a hotel, whereby they hoped to benefit
commercially from the recently re-opened circuit.
Those plans were eventually rejected by the local council, said son-in-law
and their daughter went their separate ways and now they are suing the track
because of the noise it generates which doesn't allow them outside or to
open windows during the summer months, so they claim.
They obviously are well to do, why else would they spend the estimated
£700,000 legal bill so far in order to gain £150k in compo (although they
will be awarded costs too if the are successful) and one can't help but
wondering if the (now ex) son-in-law still was gainfully employed and the
commercial venture of the hotel been approved and was a success, whether or
not they'd have such an issue with the circuit and the income it provides. I
think not.
In their defence, Croft have done as much as they can, including going as
far as radically altering the circuit layout to take it away for the most
proximate point of this property and installing trees and bankings to reduce
the noise. But still these people are not happy.
But they are not the only ones who are not happy. There is increasing anger
and frustration from the local community and motorsport population, many of
whom were blissfully unaware of this case, which has now been widely
reported following the ruling.
To take away such a popular and profitable facility in these difficult
economic times, which is employs lots of people both directly and
indirectly, and has the support of hundreds of thousands of people world
wide, is incredulous in the least, but even more incomprehensible given the
extenuating circumstances.
If we end up losing Croft, or worryingly, additional motorsports facilities,
it may not be the end of the legal battle as what seems to have been
overlooked is the vast majority of people's rights who use and enjoy these
facility.
And when the writs for loss of earnings, damages, public nuisance or
whatever other legal caveats are available to the general public (remember,
many team owners and competitors are very, very rich people indeed) start
landing on said Claimants doormat who instigated this, not to mention them
being castigated as the villains who potentially culled British motorsport,
then it may not have been such a good idea.
Not only that, it states in my will that I want my ashes scattering at Croft
and if I have to change that, it'll cost me another forty quid.
Joking aside, it's all listed at
http://www.richardbuxton.co.uk/v3.0/?q=node/334 so amidst the legal jargon
and judicial ramblings, see what you make of it as this could spell the end
of what we all love.
Croft har blivit ålagda att betala 150 000 £ i skadestånd.
Hela historien har dock en minst sagt bitter bakgrund. Familjen flyttade till två olika fastigheter vid banan 1990 eftersom dottern var gift med ena ägaren till banan. Banan har varit i drift sedan 1962 men funnits ännu längre. De utökade användningen av banan och planerade även hotellanläggning i en av fastigheterna. Sedan skilde sig dottern från mannen som inte längre är delaktig i banans drift.
Sedan dess har familjen klagat på buller från en bana som de visste fanns där och som deras dotter delvis var med om att starta upp....
¨familjen verkar dessutom gansk välbärgad då de köpte fastigheterna för 350 000 £ 1990 samt att de beräknas ha lagt ut ca 700 000 £ i rättegångskostnader...
Det stora problemet skulle bli om detta blir prejudicerande för England. Se texten och även sist en länk med all juridik i fallet.
http://www.motorcycleracer.com/blog.htm
20 January 2009 | LC
As lamentable as it is inevitable, last week, a High Court Judge sided with
some residents who live near Croft Circuit, claiming the noise from the
track was making their lives unbearable and were awarded £150,000 in
compensation.
The circuit has appealed against the ruling and the outcome is expected with
a matter of weeks but if upheld, it will mean every other man and his dog
within earshot of a race track (not only Croft.) will be able to sue the
owners for the inconvenience.
But as bad as this is, when you read the facts, it will make any self
respecting person, not only motorsport fan, spit feathers of rage.
These people, openly named on the various documents pertaining to this case,
only moved to the area relatively recently, during which time the circuit
was in active use, as it always has been since 1962.
Eventually, their son-in-law was appointed Circuit Manager and between them
all, they acquired some property adjacent to the offices at the circuit, one
of which they planned to turn into a hotel, whereby they hoped to benefit
commercially from the recently re-opened circuit.
Those plans were eventually rejected by the local council, said son-in-law
and their daughter went their separate ways and now they are suing the track
because of the noise it generates which doesn't allow them outside or to
open windows during the summer months, so they claim.
They obviously are well to do, why else would they spend the estimated
£700,000 legal bill so far in order to gain £150k in compo (although they
will be awarded costs too if the are successful) and one can't help but
wondering if the (now ex) son-in-law still was gainfully employed and the
commercial venture of the hotel been approved and was a success, whether or
not they'd have such an issue with the circuit and the income it provides. I
think not.
In their defence, Croft have done as much as they can, including going as
far as radically altering the circuit layout to take it away for the most
proximate point of this property and installing trees and bankings to reduce
the noise. But still these people are not happy.
But they are not the only ones who are not happy. There is increasing anger
and frustration from the local community and motorsport population, many of
whom were blissfully unaware of this case, which has now been widely
reported following the ruling.
To take away such a popular and profitable facility in these difficult
economic times, which is employs lots of people both directly and
indirectly, and has the support of hundreds of thousands of people world
wide, is incredulous in the least, but even more incomprehensible given the
extenuating circumstances.
If we end up losing Croft, or worryingly, additional motorsports facilities,
it may not be the end of the legal battle as what seems to have been
overlooked is the vast majority of people's rights who use and enjoy these
facility.
And when the writs for loss of earnings, damages, public nuisance or
whatever other legal caveats are available to the general public (remember,
many team owners and competitors are very, very rich people indeed) start
landing on said Claimants doormat who instigated this, not to mention them
being castigated as the villains who potentially culled British motorsport,
then it may not have been such a good idea.
Not only that, it states in my will that I want my ashes scattering at Croft
and if I have to change that, it'll cost me another forty quid.
Joking aside, it's all listed at
http://www.richardbuxton.co.uk/v3.0/?q=node/334 so amidst the legal jargon
and judicial ramblings, see what you make of it as this could spell the end
of what we all love.
Eller ja, nån med känningar i kommunstyrelsen flyttade in på andra sidan vägen, å där dök det upp bullerplank efter nån månad 
