Save Mildenhall Stadium and give rights to existing activities with planning permission and local residents’ support.

In 2006 a couple bought a house close to Mildenhall Stadium where stock car racing and speedway have taken place since 1975, and began complaining about the noise. The case progressed to the Supreme Court where they won. The law says that them coming to the noise is no defence and planning permission makes no difference. This ruling affects all activities from motorsports to cricket and concerts to retail parks and even church bells. We believe common sense says this ruling is wrong. We call upon Parliament to change the law of ‘coming to a nuisance’ to protect established activities with planning permission and local support, and to put on a person arriving into the area full responsibility for accepting that this is part of the character of the area. We also ask Parliament to intervene in this case to reverse the Supreme Court ruling and save stock car racing and speedway at Mildenhall. Please do not sign this petition if you have already signed the paper version, thank you.

As this e-petition has received more than 10 000 signatures, the relevant Government department have provided the following response:

The Government cannot comment on or intervene in cases which have been the subject of judicial consideration. The judiciary are constitutionally independent of the Government and to do so would be a breach of this fundamental principle.

We do not propose to make changes to the law of private nuisance as it already enables an appropriate balance to be struck between the protection of an individual’s private rights and the needs of business.

Private nuisance is an age-old common law tort, or civil wrong, which affects a person’s private rights in relation to land. The wrong is committed where an act generally connected with the use or occupation of land causes damage to another person in connection with their use of land, or interference with the enjoyment of their land or of some right connected with that land. This includes causing physical damage to property or injury to the occupier’s health and comfort. A person whose rights are affected by a private nuisance can issue legal proceedings. A civil court will deal with the case and may grant relief such as an injunction or damages if the nuisance is proven.

The law of private nuisance recognises that, in general, every person is entitled to the comfortable and healthy enjoyment of the premises owned or occupied by them. The act of a person’s neighbour will be an actionable nuisance if it materially interferes with the ordinary comfort of that person’s existence when judged by a certain standard. This standard is an objective one based on what is reasonable to the average person. It is also necessary to take account of the circumstances and nature of the locality in which the complainant is living.