ABATEMENT ORDER in respect of Statutory Nuisance
ENVIRONMENTAL PROTECTION ACT 1990 PART III SECTION 82
IN THE CASE OF
MR AND MRS S ROPER
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.
*This plan to be provided to this Court and Mr and Mrs Roper within 7 days of
today. (Plan on on web copy)
The matters which contribute to the nuisance include the emissions of noise
during the operation of the theme park during the day time period (07:OO-
20:OO hours), firework events and special concerts where music is a
substantial element. The principle noise sources that contribute include:
Electrically amplified speech including the use of tannoys
Mechanical noise sources including theme park rides, fixed plant and
The use of fireworks
Screams, shouts and whoops from the public who attend the theme park
2 WHAT YOU ARE REQUIRED TO DO
You are herby required to reduce the impact from noise emissions in the
manner set out in this order and to abate the nuisance from -noise by 31'' May
Forthwith from the date of this order, the use of fireworks shall be restricted to
a single period of not more than 30 minutes on one day only during any
calendar year. The use of fireworks shall not take place between 20:OO and
24:OO on that date. No firework use shall cause noise to exceed 95dB
LAMax(f) (The A weighted max decibel level when measured on the fast
meter setting) when measured or calculated at Farley House.
From lst April 2005 you must ensure that music noise emissions and
electrically amplified speech including tannoy do not exceed 28dB LAMax (f)
more then once in any hour at the boundaries of Farley House except as
specifically excluded below.
From 31st July 2005 noise (other than that caused by human voices) from the
operation of the ride known as Oblivion, shall not exceed 32dB LAMax(f) more
than once in any hour when measured or calculated at the boundary of Farley
From 31st May 2006 noise from the operation of all rides, mechanical plant
and fixed machinery, other than noise caused by human voices, shall not
exceed 32dB LAMax(f) more than once in any hour when measured or
calculated at the boundary of Farley House.
From 31st May 2006 noise from screaming, shouting and whoops arising in
connection with the operation of any ride or entertainment within the park shall
not exceed 29dB LAMax(f) at the boundary of Farley House when measured
Noise from all sources identified in this Order, occurring during any 5 minute
period and that is emitted from the site shall not exceed 30dB LAeq(5 minute)
when measured or calculated at the boundary of Farley House, except as
specifically excluded below or during periods when the use of fireworks on the
site is audible at Farley House. This 5 minute noise level requirement shall not
apply during any period when the wind at 1.5 metres above ground level
exceeds 2 metres per second.
The restrictions above in relation to music noise, electrically amplified speech
and the 5 minute average levels shall not apply on two days during any
calendar year, provided the exceedance of levels arises as a result of
entertainment at the site involving a live (not pre-recorded) performance by an
artiste or artistes, such performance as would require a public entertainment
licence and which takes place outside of any permanent building on the site.
Notwithstanding this exception the noise levels during any 15 minute period
shall not exceed 50dB Laeq(15 minutes) at the boundary of Farley House
when measured or calculated.
There shall be no events where a public entertainments licence would be
required save that the event is not open to the public.
1st November 2004
Deputy District Judge Gascoine.