Council bosses in York have welcomed a decision backing its attempts to stop noisy motorsports at a local airfield.
York Council served an enforcement notice in October 2008 against what it believed was Elvington Park Limited’s unauthorised motorsport activity at Elvington Airfield, which was upheld by an appeal inspector a year later.
Now Elvington Park Limited’s High Court appeal against the Planning Inspector’s decision has been dismissed subject to minor amendments to the enforcement notice.
A council spokeswoman said the decision confirmed there was a breach of planning control.
She said the court had passed the matter back to the Secretary of State in 2011 with a view to the notice being amended.
The council spokeswoman added it had now been informed: “....the notice was slightly amended by the Planning Inspectorate to make it clear that the use permitted under the 1993 planning permission for an advanced driver training school can continue and is not affected by the requirements of the notice.
“It was also confirmed that subject to a previous minor variation, the notice is upheld and the appeal dismissed.”
Jonathan Carr, head of development at the authority, said: “It confirms that Elvington Airfield was in breach of their planning permission and that we were right to take the action we did.
Coun Dave Merrett, the council’s cabinet member for transport, planning and sustainability, said yesterday: “I’m pleased that the courts have upheld the essential aspects of our enforcement notice...”
In October last year, Elvington Park Ltd, Elvington Events Ltd and John Christopher Hudson were found guilty of causing statutory noise nuisance on August 7 and October 16, last year in breach of a noise abatement notice.
They were fined £3,500 with £14,500 in costs.