Noise Assessment at Wymeswold Airfield

44 Pages·2010·1.21 MB·English

by  Frances Whittington

CABINET – 16TH DECEMBER 2010

Report of the Chief Executive

ITEM 07 NOISE ASSESSMENT AT WYMESWOLD AIRFIELD

Purpose of Report

To present the findings of the investigation into noise from high performance cars on
Wymeswold Airfield and the options available to mitigate the impact on local
residents.

Recommendations

1. That Cabinet notes that based on the findings of the investigation undertaken
by the Environmental Protection Team into noise levels from high
performance cars using Wymeswold Airfield, action by the Council for
Statutory Nuisance cannot be justified at this present time.

2. That the Head of Environmental Health works with the track operators and
owners to identify and implement, as appropriate, further improvements to
noise control measures at the circuit.

Reasons

1. To qualify the future options proposed in this report in the context of the
legislative controls available.

2. To mitigate the environmental impact of the activity on local residents.

Policy Context

The Council has powers under the Environmental Protection Act 1990, Part 111, to
investigate and take action for any ‘Statutory Nuisances’ that may exist in the
Borough.

Background

Cabinet at its meeting on 28th October 2010 received a report of the Director of
Housing and Health in response to a petition received at Council on 13th September
2010 from local residents in The Wolds, which asked the Borough Council to take
action to stop the noise from car racing on Wymeswold Airfield (Council Minute
16).

It was resolved (min 77) that a further report be presented in December 2010,
detailing the findings of the current investigation to determine if a statutory nuisance
exists and setting out the options available.”

Current Position

Environmental Health Officers undertook a noise assessment to determine if there
was any evidence of a statutory nuisance for which the Council could take action on.
A full report of the findings has been included within the Annex.

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Planning permission for the site currently allows the track to be used 6 days a week,
excluding Sundays and recognised Bank Holidays. During May 2010 to October
2010, the track was in use on average of 3 days per week. This included the majority
of Saturdays.

Noise monitoring was undertaken at 7 residential properties around the circuit from
the 25th September to the 30th October 2010 and the results are summarised in the
following table:

Location Distance Noise levels with Noise levels Attended noise
to no event when event on levels LAeq
trackside (LAeq(1hr) (LAeq(1hr)
21 Somerset 400m 42 – 45dB 41 – 47dB 43 – 44dB
Close, Burton
5 Mantle Croft, 900m 43 – 47dB 46 – 49dB 45 - 47dB
Wymeswold
1 Somerset 490m 45 – 46dB 44 – 45dB 44dB
Close, Burton
24 Barrow Road, 800m 48dB 47 – 50dB 47dB
Burton
33 Seymour 430m - - 48dB
Road, Burton
28 Brook Street 975m - - 44dB
Wymeswold
88 Brook Street 1170m 44 – 47dB 46 – 49dB 47 – 48dB
Wymeswold

The noise readings at each location are fully detailed within the noise report
contained in the Annex. Environmental Health Officers undertook attended noise
monitoring on 9 occasions, including 2 events on Saturdays. This allowed officers to
record the levels and determine the main sources of the noise being monitored.

Analysis of the noise readings concluded the following:

1. External noise levels did not exceed either the recommended limit of 55 dB
L defined in British Standard (BS) 8233:1999 ‘Code of Practice for Sound
Aeq
Insulation and Noise Reduction for Buildings’ as appropriate for external
areas or the tighter 50 dB (A) limit.

2. Comparison with the World Health Organisation standard for day time
community annoyance indicated that external noise levels did not exceed 50
dB(A) recommended to prevent moderate community annoyance and was
well below the recommended 55 dB(A) level to prevent serious community
annoyance.

3. Assessment of the measured external noise levels at all locations indicated
levels below 55 dB(A) Leq even with vehicles operating on the track. This
would suggest that the operation of the track is commensurate with Noise
Exposure Category ‘A’ level within the Planning Policy Guidance PPG24.

4. Comparison of the noise readings with events on and with no events indicate
that there is no significant increase in existing noise levels.

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Comparison of controls with other circuits

A comparison was made against the noise limits imposed at Wymeswold Airfield
with 11 other circuits around the Country. This indicated that the controls in place
at Wymeswold are currently more stringent than most of the other circuits, with
some having similar limits and noise levels.

Statutory Nuisance Assessment

Under the Environmental Protection Act 1990, Part III, the Council has powers to
deal with ‘Statutory Nuisances’. Under section 79 of this Act a statutory nuisance
includes “noise emitted from premises so as to be prejudicial to health or a
nuisance.” Noise levels would have to be deemed to be unreasonable and would
normally be significantly above existing ambient levels on a regular basis to warrant
action for a statutory nuisance.

The detailed noise assessment indicates that the current noise levels from
Wymeswold Airfield are not significantly above existing levels on a regular basis. In
addition when compared to available guidance from the World Health Organisation,
the levels fall below the levels for community annoyance.

Although on some occasions the noise was audible from the track, it was not
deemed to be of a significant nature or so excessive on a regular basis that it would
constitute a statutory nuisance. This is based on the noise readings taken and also
the subjective assessment by experienced officers.

Based on the findings of the noise assessment, action for a Statutory Nuisance can
therefore not be taken at this time. If the track use does intensify or noise levels
increase this situation could alter and would need to be reassessed.

Additional Noise Controls on site

Whilst it is felt that formal action cannot be taken at this point, the track owners and
operators can still be approached by the Council on behalf of residents to look at
additional noise control measures that could be implemented. Examples of possible
noise controls could include:

• Limits on the number of vehicles on the circuit at any time.
• Further noise barriers/ bunds around the site.
• Further investigation and trials in the use of exhaust silencers.
• Restriction on the number of days that some of the noisier vehicles use the
site (this could increase noise levels on certain days but reduce the number
of noisier days in total).
• Layout and design of the circuit.

Future Options

The following options are therefore available to the Council:

1. Continue to review any complaints received to ensure that the use of the
Airfield is compliant with the current planning limits set and ensure that the
track use has not intensified or noise levels have increased. Further noise
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monitoring could then be undertaken to determine if there is then a
statutory nuisance.

2. Inform the track owners and operator of the receipt of the petition,
outlining residents concerns and work with them on an informal but
structured basis on identifying and implementing further improvements, as
appropriate to noise mitigation measures. These could include some of the
additional controls detailed above.

3. Ensure that residents concerns are fully represented and discussed at the
Wymeswold Airfield Liaison Committee. This group is attended by Officers
from Planning and Environmental Health Services, Local Parish Council
representatives, the local Ward Member, the track owners, operators and
agent.

Financial Implications

There are no direct financial implications in undertaking any on-going investigations
by officers to determine compliance with the planning conditions or if a statutory
nuisance exists. These will be met within existing budgets that are linked to current
staff resources.

Legal costs would be incurred if further action is found to be justified.

Risk Management

The risks associated with the decision Cabinet is asked to make and proposed
actions to mitigate those risks are set out in the table below.

Risk Identified Likelihood Impact Risk Management Actions Planned
Failure to respond Low Medium Ensure that complaints are recorded
to residents and monitored and that officers are
complaints available to undertake assessments
impacting on the and the outcome is feedback to
reputation of the complainants.
Council.
Legal challenge from Medium High If any future legal action is
the operator of the contemplated, ensure that
business should legal appropriate legal advice is taken.
action be taken by
the Council.

Key Decision: No

Background Papers: Planning Application ref. P/01/0853/2
Planning Application ref. P/04/1901/2
Cabinet 28th October 2010

Officers to contact:
Eileen Mallon, 01509 634662, [email protected]
Alan Twells, Head of Environmental Health, 01509 634650,
[email protected]
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ANNEX

Noise Monitoring of Wymeswold Airfield at villages of Burton and
Wymeswold

Executive Summary

At Council on 13th September 2010, Councillor Bokor presented a petition from
local residents in The Wolds, which asked the Borough Council to take action to
stop the noise from car racing on Wymeswold Airfield (Council Minute 16
2010/2011).

Cabinet on the 28th October 2010 recommended “that a further report be
presented to Cabinet in December 2010, detailing the findings of the current
investigation to determine if a statutory nuisance exists and setting out the options
available.” (Cabinet minute 77 - 2010/11). This report details the findings of the
investigation.

Wymeswold Airfield is used for a number of activities, one of which includes
recreational use by high performance type cars being driven my members of the
public around a main circuit. Planning permission for the site currently allows the
track to be used up to 6 days a week, excluding Sundays and recognised Bank
Holidays. During May 2010 to October 2010, the track was in use on average of 3
days per week. This included the majority of Saturdays.

Noise monitoring was undertaken at 7 residential properties around the circuit from
the 25th September to the 30th October 2010 and summarised in the following table:

Position Address Dates outdoor Distance to
noise monitor on trackside
site.
1 21 Somerset Close, Burton 23/09/10 -30/09/10 400m
2 5 Mantle Croft, Wymeswold 05/10/10 -10/10 /10 900m
3 1 Somerset Close, Burton 13/10/10 -18/10 /10 490m
4 24 Barrow Road, Burton 18/10/10 -23/10 /10 800m
5 33 Seymour Road, Burton - 430m
6 28 Brook Street Wymeswold - 975m
7 88 Brook Street Wymeswold 26/10/10 -01/11 /10 1170m

A summary of the main noise readings are detailed in the following table:

Position Noise levels with no Noise levels when Attended noise levels
event (LAeq(1hr) event on (LAeq(1hr) LAeq
1 42 – 46dB 41 – 47dB 43 – 44dB
2 43 – 47dB 46 – 49dB 45 - 47dB
3 45 – 46dB 44 – 45dB 44dB
4 48dB 47 – 50dB 47dB
5 - - 47dB
6 - - 44dB
7 44 – 47dB 46 – 49dB 47 – 48dB

Analysis of the noise readings concluded the following:

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1. External noise levels did not exceed either the recommended limit of 55 dB
L defined in British Standard (BS) 8233:1999 ‘Code of Practice for Sound
Aeq
Insulation and Noise Reduction for Buildings’ as appropriate for external
areas or the tighter 50 dB (A) limit.

2. Comparison with the World Health Organisation standard for day time
community annoyance indicated that external noise levels did not exceed 50
dB(A) recommended to prevent moderate community annoyance and was
well below the recommended 55 dB(A) level to prevent serious community
annoyance.

3. Assessment of the measured external noise levels at all locations indicated
levels below 55 dB(A) Leq even with vehicles operating on the track. This
would suggest that the operation of the track is commensurate with Noise
Exposure Category ‘A’ level within the Planning Policy Guidance PPG24.

4. Comparison of the noise readings with events on and with no events
indicate that there is no significant increase in existing noise levels.

5. Whilst on some occasions the noise was audible from the track, it was not
deemed to be of a significant nature or so excessive on a regular basis that it
would constitute a statutory nuisance.

A comparison was made with the noise limits imposed at Wymeswold Airfield with
11 other circuits around the Country. This indicated that the controls in place at
Wymeswold are more stringent than most of the other circuits.

Whilst it is felt that formal action cannot be taken at this point, the track owners and
operators can still be approached by the Council on behalf of residents to look at
additional noise control measures that could be implemented. Examples of possible
noise controls could include:

• Reduction on the number of vehicles on the circuit at any time.
• Further noise barriers/ bunds around the site.
• Further investigation and trials in the use of exhaust silencers.
• Restriction on the number of days that some of the noisier vehicles use the
site, this could increase noise levels on certain days but reduce the number of
noisier days in total.
• Layout and design of the circuit.

Introduction

Following receipt of a petition by Charnwood Borough Council from residents of
the Wolds villages, Wymeswold and Hoton regarding disturbance from motor
vehicle activities operated by Everyman Racing at Wymeswold airfield, a detailed
noise monitoring exercise was undertaken by the Council’s Environmental
Protection Team. The exercise was to assess whether the current activities were
causing a statutory noise nuisance under section 79 of the Environmental Protection
Act 1990 and whether formal action to reduce noise was necessary by means of
service of an abatement notice.

This report presents the results of a noise monitoring exercise undertaken in
accordance with relevant standards from 23 September - 31 October 2010.
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Noise Monitoring

The monitoring exercise included installation of static unattended
recording/monitoring equipment at residential properties and officer attended
measurements undertaken during a number of events to allow audibility of noise
levels to be determined. For unattended monitoring residents were also able to
switch on sound recording for up to 30 minutes at a time.

Throughout the monitoring period different types of recreational driving events
were operated by Everyman Racing at the airfield. These included the use of high
performance sports and supercars including Porsche, Aston Martin, Ferrari and
Lamborghini. It was considered that these recreational events were representative
of the activities most often operated at the airfield. These were those most likely to
generate the highest levels of noise due to the large number of high powered
vehicles on the circuit at any one time. This was, therefore, likely to ensure worst
case conditions of noise within the villages.

A summary of the events operated at the airfield during the monitoring period is
given in Table 1 below.

Table 1- Events operated at Airfield during the Monitoring Period
Date Type of Event No. of activity Number of
days per week complaints
received
25 Sept Public course 1 1
28 Sept Public course
30 Sept Corporate event 2
5 Oct Corporate event
6 Oct Public course 3 1
9 Oct Public course 2
13 Oct Public course
14 Oct Ultimate day 3
16 Oct Public course 1
18 Oct Public course 1
19 Oct Public course
20 Oct Kids course 5
21 Oct Corporate event
23 Oct Public course
26 Oct Public course
27 Oct Kids course 3 1
30 Oct Public course

Use of Track

The circuit on the former Wymeswold airfield is used for motor vehicle activities
operated by Everyman Racing Ltd. The current planning permission allows the use
of the track Monday – Saturday for recreational and commercial events. Various
conditions relate to the granting of the permissions and this includes a noise limit for
the activities undertaken. Of these limits, 87.5 dB L is the highest permitted
Amax
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drive-by level for vehicles using the track during recreational events. Limits
restricting the hours of operation have also been imposed.

Following an Appeal decision in 2007, which granted permission for the development
of the circuit for vehicle demonstration and training (commercial events), bunding
was constructed along the southern and eastern boundaries of the circuit.

Some residents of Wymeswold have suggested that the construction of these bunds
has increased noise levels in the village. Complaints have also been received stating
that noise from all track activities is excessive and can be heard inside properties
with windows closed. In addition residents have indicated that the noise levels
restrict the use of gardens and the peaceful enjoyment of properties.

Since the Appeal Decision in 2007 The Trustees of Prestwold 1966 and Everyman
Racing have carried out a series of noise mitigation measures to try to reduce noise
levels in Burton. These have included:

• Resurfacing part of the circuit;
• Imposing a speed restriction at the southern end of the circuit;
• Reducing tyre squeal on vehicles by promoting appropriate driving
techniques;
• Removal of the chicane at the southern end of the circuit;
• Fitting alternative lower noise exhausts to vehicles;
• Continual monitoring of noise levels during all events on the track;
• Curtailment of motor cycle events.

The current planning permission allows use of the circuit six days per week. The
current frequency of use is, however, much less than this. Usage over the last six
months is summarised in Table 2 below.

Table 2 – Number of events held at the airfield per week since May 2010
Weekly use in 2010 Number of events held per week
3-9 May 1
10-15 May 3
17-23 May 1
24-30 May 1.5
1-6 June 2
7-13 June 2
14-20 June 4
21-27 June 4
28 June – 4 July 2
5-11 July 4
12-18 July 5
19-25 July 2
26 July- 1 August 2
2-8 August 6
9-15 August 3
16-22 August 4
23-29 August 3
30 August- 5 September 2
6-12 September 5
13-19 September 4
20-26 September 2
14
27 September – 3 October 2
4-10 October 3
11-17 October 3
18-24 October 5
25-31 October 3
Total 78.5

Assessment Methodology

There is no British Standard, Code of Practice or Environmental Noise Guidance
relating specifically to the assessment of noise from motor vehicle activities.
Reference was, therefore, made to a number of key documents namely;

1. British Standard (BS) 8233:1999 ‘Code of Practice for Sound Insulation and
Noise Reduction for Buildings’. This is principally intended to assist in the
design of new dwellings; however, it does offer a standard for external noise
levels so that internal levels can be achieved.

2. World Health Organisation document “Guidelines for community noise”.
This provides a review of the effects of noise and provides guidelines to avoid
community annoyance. In a recent appeal case for a Noise Abatement Notice
served by Harborough Borough Council against the operators of
Bruntingthorpe Circuit, the Judge referred to the use of the WHO as
acceptable criteria.

3. Planning Policy Guidance Note 24. This provides the principal planning
guidance when assessing noise for new developments near roads and other
nose sources.

No assessment was undertaken using BS4142: 1997 ‘Method of rating industrial
noise affecting mixed residential and industrial areas’. This was because this standard
is specifically for the assessment of industrial noise.

Statutory Nuisance

There is no absolute noise level that determines the existence or otherwise of a
statutory nuisance in law. Case law has established that the assessment of nuisance in
principle requires a judgement of whether the noise generated is ‘unreasonable’
bearing in mind the nature and character of the area and whether the noise is likely
to have a material interference with neighbouring properties. The fact that some
noise may be audible at a neighbouring property would not necessarily mean a
nuisance action could be taken and nuisance action does not necessarily ensure
inaudibility.

Assessment is based on a number of criteria including: the duration (how long does
the noise last for), frequency (how often does the noise recur e.g. daily, weekly,
monthly), intensity (for example, how loud it is), the time that the interference
occurs (as noise will have more impact if it occurs early morning or late at night), the
local environment and level of intrusion that a person living in the close vicinity might
reasonably expect to experience.

The law is not intended to be totally restrictive, and recognises that a balance has to
be struck between the rights of an individual to use their land as they want against
the right of others to be free from interference.
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Health Effects of Noise

The definition of health is that used by the World Health Organization, i.e. 'a state of
complete physical, mental and social well being and not merely the absence of disease or
infirmity'. Thus, annoyance to noise must be considered.

Annoyance can be defined as a negative attitude towards the source of an annoying
factor which can be manifested in a number of different ways. Because people react
to different situations in different ways, in the context of noise nuisance or
disturbance, it is difficult to be precise about what 'annoyance' actually means. For
some people, being annoyed implies being in a heightened emotional state associated
with increased risk taking and feeling angry. For others, being annoyed can lead to
increased feelings of powerlessness and frustration.

When considering the effects of noise on health reference is often made to the
World Health Organization (WHO) 'Guidelines for Community Noise' (WHO,
1999). This document considers the effects of noise, the levels of sound at which
these effects occur and suggests guideline levels (LAeq levels) appropriate to prevent
critical health effects. The guideline levels were set using the lowest sound level
that produces an adverse health effect. To protect the majority of people from
being seriously annoyed the WHO recommendation is that outdoor sound levels
should not exceed 55 dB LAeq. Whilst to protect the majority of people from being
moderately annoyed the recommendation is that the outdoor sound level should not
exceed 50dB LAeq. Compliance with WHO community noise guidance can
therefore be used as a positive indication that adverse health effects are unlikely.

Sounds with identical levels (LAeq,T) may differ considerably in their capacity to
cause annoyance because of the character of the sounds. Two of the main elements
contributing to the character are time structure (whether continuous or
intermittent) and frequency (whether high or low). Whilst the character of the noise
is not considered using the WHO guidance such factors are incorporated into
nuisance investigation as detailed above.

Noise Monitoring Locations Within the Villages

To evaluate the noise levels within the villages, noise monitoring was carried out at
the following seven positions. All of these properties were from signatories of the
petition:

Position Address Distance to trackside
1 21 Somerset Close, Burton 400m
2 5 Mantle Croft, Wymeswold 900m
3 1 Somerset Close, Burton 490m
4 24 Barrow Road, Burton 800m
5 33 Seymour Road, Burton 430m
6 28 Brook Street Wymeswold 975m
7 88 Brook Street Wymeswold 1170m

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