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(1) DAVID MICHAEL COVENTRY (T/A RDC PROMOTIONS) (2) MOTO-LAND UK LTD v (1) KATHERINE LAWRENCE (2) RAYMOND SHIELDS & (1) TERENCE RAYMOND WATERS (2) JAMES EDWARDS WATERS

A judge had erred in finding that the purchasers of a property in an area where, before they moved there, motor sports had taken place on occasions for more than 13 years, suffered nuisance caused by the noise. The activities were a dominant feature of the locality and could not be left out of account when considering whether the noise constituted nuisance.

5 March 2012

The appellants (C and M) appealed against a decision that they had caused nuisance to the respondents (L).

C owned and operated a stadium and arranged for motor sports to take place there. In 1975 planning permission had been provided to construct the stadium, motor sports subsequently took place there and in 1997 a certificate of lawful use had been granted in respect of the activities taking place for a limited number of days per year. M leased a nearby track for motocross use. In 1992 temporary planning permission had been granted to use the land for that purpose and in 2002 permanent permission was granted, subject to conditions limiting when and for how long the track could be used. In 2006 L bought a property very close to the stadium and track and they subsequently alleged that they had been unaware when purchasing the property of the motor sports which took place there. L successfully issued proceedings alleging that such noise constituted nuisance. C and M alleged tha...

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