Roper v. Tussauds Theme Parks Ltd

Transcript date:

Monday, November 1, 2004

Matter:

Court:

Magistrates' Court

Judgement type:

Substantive

Judge(s):

Gascoine DJ

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.

 

*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:

 

Music Noise

Electrically amplified speech including the use of tannoys

Mechanical noise sources including theme park rides, fixed plant and

machinery

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

2006.

 

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

House.

 

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

or calculated.

 

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.

 

 

3 EXCLUSIONS

 

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.