Roper - Alton Towers

Theme Park Fined after Couple's 'Noise Nightmare' Battle

The owners of the Alton Towers theme park were fined £5,000 today after a private prosecution brought by a couple who claim noise from the site has made their lives a "nightmare".

District Judge Timothy Gascoigne also served a noise abatement notice on Tussauds Theme Parks Ltd, which runs the Staffordshire attraction.

Speaking after the hearing of Stoke-on-Trent magistrates' court held at Stafford Crown Court, Stephen and Suzanne Roper said they hoped that the theme park would stick to the terms of the order for the sake of the local community.

Pass Notes

No 2,534 Alton Towers

Wednesday November 3, 2004

The Guardian

Wheeeeeeeee!!! Hush.

Whaaaaaaaaaahhhhhhh!!!!!@@ Will you be quiet.

Whooooooooohhhhhh!!@@@!!**** I'm going to have to call the police.

What's the problem? The noise.

But this is a theme park, Britain's best - you're supposed to shout and squeal. Not any more.

How come? Judge Timothy Gascoigne has served a noise abatement notice on Tussauds Theme Parks, which runs Alton Towers, and fined it £5,000 for disturbing local residents.

Roper v. Tussauds Theme Parks Ltd

RE ROPER AND ROPER V TUSSAUDS THEME PARKS LIMITED

THIS IS A CASE, WHICH IN ESSENCE IS A NEIGHBOUR DISPUTE,

AS IN ALL CASE OF SUCH DISPUTES IT IS REGRETTABLE THAT WE END UP IN COURT.

I NEED FIRSTLY TO GO BACK TO THE ALLEGATION

THE BASIS OF THE ALLEGATION IS THAT ALTON TOWERS HAVE COMMITTED AN OFFENCE PURSUANT TO SECTION 82(6) OF THE ENVIRONMENTAL POLLUTION ACT 1990.

THE CASE IS STARTED BY COMPLAINT BUT IT IS CLEAR FROM THE CASE OF BOTROSS THAT THIS IS CRIMINAL CASE. THE STANDARD OF PROOF BEING BEYOND REASONABLE DOUBT ON THE PART OF THE PROSECUTION.

Roper v. Tussauds Theme Parks Ltd

ABATEMENT ORDER in respect of Statutory Nuisance

ENVIRONMENTAL PROTECTION ACT 1990 PART III SECTION 82

 

IN THE CASE OF

 

MR AND MRS S ROPER

 

V

 

TUSSAUDS

 

I THE ORDER AND CAUSE OF NUISANCE

 

This is a formal order issued by the North Staffordshire Magistrates' Court to

abate the existing statutory nuisance arising from the emission of noise from

the Alton Towers theme park, as shown on a plan* which is used for

identification purposes only.

 

Roper v. Tussauds Theme Parks Ltd

IN THE CROWN COURT AT STOKE-ON-TRENT Ref. A20040143

Bethesda Street

Hanley

Stoke-on-Trent

21st July 2005

 

Before

HIS HONOUR JUDGE EVERARD

(Sitting with Justices)

 

BETWEEN:

TUSSAUDS THEME PARKS LIMITED (Appellants)

AND

STEPHEN ROPER AND SUZANNE ROPER (Respondents)

 

MR CAPLAN QC appeared on behalf of the Appellants

 

MR HOCKMAN QC appeared on behalf of the Respondents

 

JUDGE'S RULING UPON APPEAL

 

Transcript by MARGARET WORT & CO

Stephen and Suzanne Roper v Tussauds Theme Parks Ltd

Neutral Citation Number: [2007] EWHC 624 (Admin)

Case No: CO/2213/2006

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

23 March 2007

B e f o r e :

MR JUSTICE WILKIE

____________________

Between:

STEPHEN AND SUZANNE ROPER

Appellants

- and -

TUSSAUDS THEME PARKS LIMITED

Defendant

____________________

(Transcript of the Handed Down Judgment of

WordWave International Ltd

Theme park allowed to make noise

A couple have failed in their High Court bid to get Alton Towers amusement park to reduce noise levels.

In 2004 owner Tussauds Theme Park was ordered to cut noise levels after complaints from Stephen and Suzanne Roper who live 100 yards (91m) away.

Stoke-on-Trent Crown Court later raised the noise levels allowed under the order, and the couple decided to fight that decision in the High Court.

Mr Justice Wilkie said residents must expect some noise from Alton Towers.

Alton Towers noise appeal fails

A couple whose cottage is 100 metres from Alton Towers have failed in their High Court bid to turn down the volume coming from the theme park.

Three years ago, Stephen and Suzanne Roper won a court victory against Tussauds Theme Parks when magistrates fined the company £5,000 and imposed a noise-abatement order.

Tussauds' appeal against the abatement order was rejected by Stoke Crown Court, but the fine was cut to £3,500 and the order was made less strict, raising the permissible noise level from 32 to 40 decibels.

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