High Court Dismisses Challenge to Elvington Airfield Abatement Notices

1 September 2011

In Elvington Park Limited & Anor v. York City Council [2011] EWHC 2213(Admin) the Administrative Court considered claims for judicial review and appeals by way of case stated against the decision of York Crown Court to uphold abatement notices served by the City of York Council concerning noise nuisance from motor sports activities at Elvington airfield. Previous abatement notices had been issued in 2005 and, although they were upheld on appeal to the Magistrates’ and Crown Courts, they were later found to be invalid by the Administrative Court (see Elvington Park Limited v City of York Council[2010] Env LR 179). The new notices were served after the Council continued to monitor activities at the airfield and concluded that a nuisance was still being created. The Claimants argued that the Crown Court had acted unfairly and in breach of Article 6 of the European Convention on Human Rights by excluding their company secretary and had erred in concluding that the notices properly identified the nuisance, and that there was a nuisance and that best practicable means had not been demonstrated. The Administrative Court dismissed the claims and appeals on all grounds.

John Hunter acted for City of York Council.