Smeatharpe stadium campaign

Kiely Bros don't need permission, says barrister
APRIL 18 2013: Graham Long, of Action on Noise and Nuisance in the Blackdowns, writes: It appears that Kiely Bros are supplying EDDC with a Barrister's opinion that they do have the right to continue storing and sorting aggregate on Smeatharpe airfield without needing planning permission.
This will be based on Part 13 GPD planning rights which allow highway authorities to use land "adjacent" to the highway to repair "the" highway. It is not a right a contactor has unless DCC extend that right to include them. Kiely want to service road works all over Devon from the site - and that could go on for years.
They are not contracted by DCC to improve the road adjacent to the airfield, so DCC will have to stretch the definition of "adjacent" to make Part 13 work - if they want to.
Paul Diviani, DCC Councillor for the area has already made clear his opposition to what Kiely want to do on the airfield. EDDC, not DCC will have to decide on this legal opinion but if they disagree with Kiely and Kiely subsequently appeal against them and win, EDDC could be forced to pick up Kiely's legal costs. It is as yet far from clear what will happen.


Council stops stone business on runway
MARCH 28 2013 -Graham Long, of Action on Noise and Nuisance in the Blackdowns, writes: Just to keep you in the picture, have you noticed the big piles of road stone that have been getting ever bigger on Smeatharpe airfield since Christmas together with the sieves and conveyors?
Whilst we all thought it was the council preparing to resurface local roads, it turns out the landowners have let the runway to a private contractor, Kiely Bros from Birmingham who is storing and sieving stone there without getting change of use planning permission. EDDC have now placed a stop order on the activity pending a planning application, but the best thing is that the 10 to 20 lorries a day that were travelling through Smeatharpe with stone for the site have now stopped (not to mention the noise). 
Kiely Bros are using the stone for road projects in Devon but they cannot use agricultural land in this way without a change of use approval.
I assume that any change of use application that Kiely Bros submit to EDDC (it is about 30 feet from the MDDC boundary) will be notified to Clayhidon as a neighbouring parish, but I don't know for sure.

 Smeatharpe tops local road speeding chart 
Graham Long, of Action on Noise and Nuisance in the Blackdowns, writes: Devon and Cornwall police have again recently published their latest speed check statistics for the Honiton Rural policing area and again, the 30mph limit through Smeatharpe in East Devon has come out top of the list.
Smeatharpe claimed more endorsable fixed penalties and verbal warnings issued than for any other 30mph restricted road in the Honiton Rural area.
Data is published by D&C Police from May 2011 as follows.

For early 2012:
Smeatharpe: 4 endorsable fixed penalties and 27 verbal warnings for excessive speed.
Dunkeswell: 1 endorsable fixed penalties and 9 verbal warnings for excessive speed.
Awliscome: 0 endorsable fixed penalties and 7 verbal warnings for excessive speed.
For May to November 2011:
Smeatharpe: 21 endorsable fixed penalties and 56 verbal warnings for excessive speed. (These are the 77 drivers caught speeding in Smeatharpe in your previous articles)
Dunkeswell: 4 endorsable fixed penalties and 36 verbal warnings for excessive speed.Awliscombe: 0 endorsable fixed penalties and 9 verbal warnings for excessive speed.
DCC place two electronic speed warning signs in the village from time to time, but they are not installed permanently. In recent months new organisations have started running motor sports events on Smeatharpe Airfield (just outside the village), taking its use in 2012 up to the limit set by a Noise Abatement Order, and attracting young drivers to the area from many miles around. It is believed that people attending these events make a significant contribution to the above statistics.
It is now becoming a serious health hazard to walk through the village (no footpaths) to reach the village shop, postbox, village hall or telephone box

November 2011 update from Action on Noise and Nuisance in the Blackdowns (ANNB)
77 drivers caught in Smeatharpe speed trap 

Streetwars (a.k.a. Dakota Drift & Drag) are back on Smeatharpe Airfield today (November 19) offering any driver unlimited drag runs for £25 and unlimited drifting for £50. This is one of the seven permitted race days under the terms of the airfield Noise Abatement Order. Noise from the event can be expected throughout daylight hours.
From 9.15am this morning D&C Police have been present in Smeatharpe village to catch speeding drivers attending the event.
According the the Devon & Cornwall Police website, 77 drivers have already been caught speeding in Smeatharpe since May.
Compared with the other two locations in the Honiton Rural area where Devon & Cornwall Police regularly set up speed traps, Smeatharpe experiences far more speeding than the other two areas monitored - In Dunkeswell 40 drivers were caught and in Awliscombe 9 drivers were caught. The details are:
        Awliscombe - 9 verbal warnings for excess speed and on 5 visits NO excess speed.
        Dunkeswell – 4 endorsable fixed penalties issued for excess speed, 36 verbal warnings for excess speed and on 1 visit NO excess speed. 
        Smeatharpe – 21 endorsable fixed penalties issued for excess speed, 56 verbal warnings for excess speed and on 1 visit NO excess speed.
D&C police do not state how many times speed traps were set up or how long they operated for. All three locations have part time speed warning indicators but it is clear that the biggest problem with speeding in the Honiton Rural area is in Smeatharpe.
The electronic speed warning sign alone is clearly not working and one wonders how many of the drivers caught by the police were travelling through the village to reach the banger stadium or airfield motor sports events such as Streetwars. Readers concerned about the danger to pedestrians and others in the village may wish to take this issue up with local councillors or D&C Police.

Action on Noise and Nuisance in the Blackdowns (ANNB)
Email address: our.aonb@gmail.com
Website: 

ANNB was set up by local residents to reduce the growth of motor sports in the Blackdown Hills Area of Outstanding Natural Beauty. Devon County Council, Somerset County Council, East Devon District Council, Mid Devon District Council, Taunton Deane District Council and the Blackdown Hilla AONB Partnership all state in their strategy documents that there should be no growth in motor sports in the AONB *in order to preserve the natural peace and tranquility of the area".
These Councils do not however always follow through with actions to back up these fine words. ANNB is dedicated to holding our elected Councils to account on this. 
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September 2011 update from Action on Noise and Nuisance in the Blackdowns (ANNB)

Landfill planning application at Banger Stadium

You may remember an earlier email from ANNB, anticipating that the banger stadium owners may seek to improve their income by holding more “drifting demonstrations”. 
    What they have however clearly decided to do is turn part of their site into a “landfill” site to dump 5,000 tonnes of “non toxic waste” above ground. 

    Devon County Council (who have responsibility for waste management, not the District Councils) have received an application (No DCC/3265/2011) from Purple 10 Ltd (of Truro), the banger stadium owners and RJA Planning Services of Exeter (a “specialist waste management” company), to dump 5,000 tonnes of what they describe as “hardcore” on the northern spectator bank to make it longer, wider and higher than the current bank although the application clams that it will not be made any higher than its current highest point (See http://www.devon.gov.uk/appref?id=3939&date=2011-09 )
    The application gives three reasons for doing this: (a) To “secure” the outer perimeter of the site, (b) To allow emergency vehicles’ access to the rear of the spectator viewing bank and (c) To provide a platform on which a “cherry picker” can be positioned holding high up a video camera which will stream video of banger racing events over the Internet.
    These are three rather feeble reasons to disguise what they are really doing – making money by dumping waste. If you hire a large skip to take 6 tonnes of rubble away from your property, you will be charged £210 plus VAT (data from Axe Skips). 5,000 tonnes of waste is therefore equivalent in value to £175,000 which will be (roughly) the profit that Purple 10 Ltd and RJA Planning Services will make if this planning application is approved. 

    The home page of the RJA website (http://www.rjaplanningservices.com/# ) has a large button with the words “Land Urgently Needed” and they say they have urgent need from existing clients to dump waste on land in Devon and Cornwall and will pay handsomely for the privilege. This is never mentioned as an objective in the planning application. (NB When Purple 10 Ltd bought the freehold of their site in 2006, they paid £150,000 for it and it is reasonable to assume that they have a mortgage of some kind on the property for a part or whole of this amount – a debt which may be difficult to service if gate receipts are falling)
    The planning application details how this waste will be brought to the site – in 330, six wheeled truck loads, each carrying 15 tonnes of waste and travelling to the site from the Honiton or Taunton directions, with at least half of these trucks travelling th
rough Smeatharpe village.

    Whilst a detailed time scale is not specified in the application it is reasonable to expect that the dumping is planned to take place this winter before the main banger racing calendar commences again in 2012. 

    The application makes great play of the importance of the banger racing facility at the site and states that the adjacent airfield is used for up to 14 motor sports events each year. Nowhere does it mention that there is a Noise Abatement Order on the airfield limiting motor sports events to no more than 7 in any one year (not 14), and that MDDC, having determined that the additional drifting event at the stadium in 2011 was a Statutory Noise Nuisance, they will monitor the same event at the stadium in 2012 with a view to taking enforcement action if the same level of noise occurs. 

    In addition to noise, other reasons for objection to this application being approved, are dust, the additional 330, 15 tonne trucks travelling on local roads and the potential for contamination of the underground water table (some properties in the area take their water from boreholes, wells and springs). The owners of the banger stadium live near Truro in Cornwall and will not be affected by noise, dust or traffic associated with this application 

    Devon County Council has set October 6, 2011 as the closing date for objections to this waste management planning application. The case manager for the application is Mike Deaton at Devon County Council, Development Management, ABG Lucombe House, County Hall, Exeter, EX2 4QW. Tel 01392 382130 Email: planning@devon.gov.uk
    Please note that if you decide to object to this planning application to tip waste at the site, the fact that the banger stadium owners will be making money from it cannot be considered by Devon County Council as a reason for rejecting the application.

    The reason for this is that profiting from tipping waste at an approved site cannot be used as a reason for refusal, just as a developer who stands to make a profit from getting planning permission to build houses cannot be used as reason to refuse that planning application. (If the banger stadium application is approved by DCC, it will become an approved site to tip waste for up to one year)
    Other people are currently considering the following as reasons for asking Devon County Council to refuse the application:
1) The banger stadium is at the centre of the Blackdown Hills Area of Outstanding Natural Beauty. A waste tip is totally out of keeping with the aims and objectives of the AONB
2) The application admits that 337 movements of 15 tonne six wheeled tricks will be required to tip 5,000 tonnes of non toxic waste. The trucks will also need to return afterwards emply which doubles the number journeys on the Honiton - Taunton road through Smeatharpe by these trucks to 674 discrete truck journeys and many of the roads in the area (e.g. Wingate Hill) are far from ideal for heavy goods vehicles
3) Waste tipping is not in keeping with adjacent areas of Special Scientific Interest (SSSI's - Southey and Gotleigh Moors) and local properties in the area take water from boreholes, wells and springs which could be contaminated by the tipped material.
4) A private waste tip in the area is of no beneficial advantage to the area but if anything detracts from its appeal to holidaymakers who are an important part of the local economy.
    You are likely to have other reasons why you may wish to ask DCC to refuse this application.
    Objections to the plan can be sent by email to planning@devon.gov.uk for the attention of case manager Mike Deaton and quoting planning application number DCC/3265/2011.
    It is important to put objections in your own words rather than copying and pasting parts of this or any other emails.

    Further updates on this planning application will be posted on http://annb.wetpaint.com/page/Latest+News


Could 'drifting' events take over from banger racing?

September 2011 update from Action on Noise and Nuisance on the Blackdowns (ANNB)

 

Thank you to all the 77 people who signed the on line petition on the MDDC website calling for the extra drifting event (Modified Mania) on July 24 to be banned by MDDC, and also to those who subsequently sent back comments on the noise from the event, when MDDC requested feedback by email.
    As a result of the responses received, MDDC have decided that the noise from the drifting demonstrations did constitute a Statutory Noise Nuisance although the MDDC noise recording equipment set up on the day did not work. MDDC have also confirmed that they will have environmental health officers working the weekend of July 28 & 29, 2012 when next years Modified Mania takes place at the banger stadium and should there be a continuing noise nuisance, they will then be in a position to take enforcement action.

    The value of scrap metal has increased considerably in recent months which means that participants cannot get hold of old cars for banger racing as cheap and easily as they used to, making banger racing more expensive for competitors, some of whom are leaving the "sport". There were fewer competitors and spectators at the last banger race day (August Bank Holiday Monday) and they did not run a "demolition race" which the spectators like to see.

    If gate receipts from spectators and participants at the banger stadium fall, the stadium owners may seek to host/run more drifting type events which do not result in vehicles being destroyed. Continued vigilance about what happens at the stadium and on the airfield in general is therefore essential to ensure that local authorities have appropriate records and if limits are exceeded, take enforcement action. If you know of motor sports events planned for the airfield or stadium, please email our.aonb@gmail.com. 


Action on Noise and Nuisance in the Blackdowns (ANNB)

ANNB was set up by local residents to reduce the growth of motor sports in the Blackdown Hills Area of Outstanding Natural Beauty. Devon County Council, Somerset County Council, East Devon District Council, Mid Devon District Council, Taunton Deane District Council and the Blackdown Hilla AONB Partnership all state in their strategy documents that there should be no growth in motor sports in the AONB *in order to preserve the natural peace and tranquility of the area". These Councils do not however always follow through with actions to back up these fine words. ANNB is dedicated to holding our elected Councils to account on this. 

email address: our.aonb@gmail.com
 

Latest news from Blackdowns anti- noise campaign

Action on Noise and Nuisance in the Blackdowns (ANNB) writes:

Last Saturday, August 13, the streetwars event (a.k.a. Dakota drag'n drift) subjected local residents in the area to an almost continuous angry revving of engines, loud popping and bangs from fat exhaust pipes and excruciating screeches from smoking tyres between the hours of 9.30am and 4pm.
The event, organised by Lee Child and hosted by the main runway landowners. invited drivers to take their ordinary cars onto the crumbling concrete runways and "do what they are not allowed to do on the public roads" (to quote Mr Child) for up to £50 a car.
In addition to the noise, Devon and Cornwall Police had three traffic cars involved in policing these drivers on local roads and set up a friendly sign in Smeatharpe village, telling drivers leaving the event just how much they were exceeding the 30mph village speed limit (this was not a speed trap). Although ANNB have suggested to D&C Police that they should charge the organiser for policing drivers attending these events, D&C police have said that they do not charge event organisers for policing when less that six police officers are required. Instead the cost is borne by us all as Council Tax payers.
East Devon District Council (who received complaints about the day) have confirmed that the August 13 event was permitted within the terms of the airfield's 2009 Noise Abatement Order, which limits such events to no more than 7 in any one calendar year. That does not mean that the noise is acceptable to local residents.
Lee Child has already announced that his next streetwar day will be on Saturday November 19 (See the drag'n drift Facebook page http://www.facebook.com/profile.php?id=100001368478020&sk=wall)
Complaints about noise on Saturday August 13 should be directed to the Environmental Health departments at East Devon District Council and Mid Devon District Council. Both councils are involved because half of the airfield is in Mid Devon and half in East Devon. Further contact details are on the ANNB website at http://annb.wetpaint.com/page/Useful+contacts
 

  * Action on Noise and Nuisance in the Blackdowns (ANNB) was set up by local residents to reduce the growth of motor sports in the Blackdown Hills Area of Outstanding Natural Beauty. Devon County Council, Somerset County Council, East Devon District Council, Mid Devon District Council, Taunton Deane District Council and the Blackdown Hilla AONB Partnership all state in their strategy documents that there should be no growth in motor sports in the AONB *in order to preserve the natural peace and tranquility of the area". These Councils do not however always follow through with actions to back up these fine words. ANNB is dedicated to holding our elected Councils to account on this.

ANNB website: http://annb.wetpaint.com/

ANNB email address: our.aonb@gmail.com




Where to write if you were disturbed by tyre noise


Letter sent by Graham Long, of the protest group ANNB (Action on Noise and Nuisance in the Blackdowns)  to the chairman of Clayhidon Parish Council, Richard Kallaway.

Richard,

It would be helpful if you could raise this at next week's Clayhidon Parish Council Meeting:

Like us you added your name to the petition on the MDDC website calling for the additional drifting event at Smeatharpe banger stadium on July 24 to be prohibited. In total 77 people added  their names to the petition.

In response to calls from local residents, MDDC organised for noise from the event to be recorded with a view to enforcement action being taken. Unfortunately, MDDC's recording equipment which was placed at Riggles Farm House did not function and no recordings of the noise were made on July24th.

In light of this, Ian Winter, Environmental Health Officer at MDDC has suggested he could still act to restrict next years event (which will be two days and not one) if people who were disturbed by the July 24th noise write to him, by email or letter, with details of how the noise disturbed them. A copy of an email from Ian Winter is attached below explaining this.

July 24 is now two weeks ago and all our memories of that weekend will be fading fast. We noticed that drifting noise occurred on the Saturday (July 23rd) as well as the Sunday. (Presumably they were practicing). On the Sunday, drifting noise (tyre screeches) were heard from 9.30am until 3.30pm with a lull around lunchtime, although the organisers had led MDDC to believe that only two 30 minute sessions would take place and only on the Sunday.

Please can you ask people in your parish to send an email or letter to Ian Winter as soon as possible if they were disturbed by tyre squeal squeal noise on July 24, detailing how the noise disturbed them and their enjoyment of your their own property or the local area.

It is possible that MDDC may sent an email directly to the 77 people who signed the petition, making a similar request, although this has not yet been confirmed.

Ian Winter's contact details are: 
Mr Ian Winter, Environmental Health DepartmentMid Devon District CouncilPhoenix HousePhoenix LaneTiverton EX16 6PPEmail: IWinter@middevon.gov.uk 

Kind regards,
Graham Long

 

Tel: 01823 601382 





Banger "drifting" goes ahead despite objections

Statement by ANNB (Action on Noise and Nuisance in the Blackdowns)

On Sunday July 24, Smeatharpe Banger Stadium will be running "drifting demonstrations" as an 18th motor sports event this year despite having a planning limit for only 17 motor sports events set by Mid Devon District Council, and despite 77 people signing a petition on the MDDC website calling for MDDC to enforce the stadiums planning consent at prevent this additional drifting demonstration from taking place (Seehttp://www.middevon.gov.uk/index.aspx?articleid=6904 ).
This is because this extra motor sports event on July 24, which is part of "Modified Mania 2011", is described by the organisers, as "demonstrations" and not "races", and after taking legal advice for 6 months, MDDC decided in June, that the banger stadium can hold 14 such "demonstration" events each year in addition to the approved 17 days of banger racing each year.
It is likely that the "demonstrations" on Sunday will create the same levels of noise as does one of the 17 approved banger race days. If you are disturbed by noise from this event, complaints about noise from the stadium need to be made to MDDC Environmental Health, Tel 01884 244601/2/3
If you call these numbers on the Sunday you may not get an answer as MDDC do not operate outside normal office hours, so complaints may need to be registered on the next working day.
MDDC recommend that people affected by such noise should keep a "noise diary" which can be down loaded from http://www.middevon.gov.uk/index.aspx?articleid=4562
The organisers of this years July 24 event, which includes the drifting demonstrations, are already advertising that in 2012 it will become a two day event on Saturday July 22 & Sunday July 23, 2012 with "a stage, DJ's and dance acts" on the Saturday evening as well as the drifting demonstrations on the Sunday (Seehttp://www.devoncarshows.com/plans-for-2012.html ).

  

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