dc006f5086 Posted March 20, 2007 Share Posted March 20, 2007 BREAKING NEWS: NEW COURT BATTLE OVER ALTON TOWERS 'NOISE' A couple who say the tranquility of their rural home is disturbed by "noise nuisance" from the Alton Towers amusement park were today at the centre of a fresh court bid to cut the racket. Tussauds Theme Parks Ltd, which owns the attraction, was handed a £5,000 fine in November 2004 after a district judge upheld Stephen and Suzanne Roper's complaints under the Environmental Protection Act. The company was also hit with a wide-ranging noise abatement notice. But the amount of the fine was later cut to £3,500 after the company appealed to the Crown Court and, to the chagrin of Mr and Mrs Roper, the terms of the noise abatement notice were made less strict. Now the couple are challenging the Crown Court's decision at London's High Court, claiming the ruling contained "important legal flaws" and the amended noise abatement notice does not go far enough. Their counsel, Mr Stephen Hockman QC, said Mr and Mrs Roper were particularly concerned that the Crown Court had upped the permissable noise levels from the attraction from the 28-32 decibels originally set by the district judge to 40 decibels. And he told top judge, Mr Justice Wilkie, the couple were anxious that the Crown Court's ruling may have been "illegitimately influenced by commercial considerations". At the High Court hearing, Tussauds Theme Parks are also appealing against the abatement notice, but the company is awaiting the outcome of Mr and Mrs Roper's challenge before deciding whether or not to proceed with its case. Mr Hockman told the judge the main focus of the Ropers' concern is that a 40 decibel limit is too high. They are also anxious that peaks in noise levels will not be taken into account when assessing whether the decibel limit is met by taking an "hourly average" reading. He also argued the amended abatement notice would not adequately control noise levels from concerts and firework displays and that no adequate provision had been made for "monitoring" the attraction's compliance with the noise level limits. The barrister said the Ropers have lived in the nearby hamlet of Farley for many years and Alton Towers was "essentially a pleasure garden" when they moved in. Their home is in a conservation area. But the attraction had since ballooned into one of the biggest amusement parks in Europe and Mr Hockman said recent newspaper reports suggested Alton Towers had now been sold "to a major American investor". Mr and Mrs Roper say they have had to put up with excessively high noise levels from popular rides and special events at the Staffordshire Moorlands attraction. Their ire was focused on noise from the public address system, mechanical noise from the rides, firework displays, and the sounds of screaming passengers enjoying white knuckle rides. Lawyers for Mr Roper, in his 60s and chairman of the Churchill China pottery company, and his wife, greeted the original court decision in their favour as a "historic victory for the little guy". Mr Justice Wilkie is hearing Mr and Mrs Roper's appeal first and, depending on the outcome, will later go on to hear Tussauds Theme Parks' challenge to the abatement notice. The hearing continues. They are back again, I knew it was too good to be true that this whole issue was done with, let's hope the high court see that these demands are not possible, Alton have done all that they can do, they have even got rid of this years Fireworks mainly because of them... Link to comment Share on other sites More sharing options...
IceDragon Posted March 20, 2007 Share Posted March 20, 2007 wtf is their aim? to completely demolish any fun in that area????? ffs, its impossible!!! you offer them effin ***FREE*** soundproofing, but no. they want the effin money!!!! they've destroyed the whole atmosphere in the X Sector by making AT get rid of the 'Don't Look Down' recording, they got rid of the fireworks, what next? the halloween festival??? James 'Lets get the firing squad' Collins Link to comment Share on other sites More sharing options...
verticalzero Posted March 20, 2007 Share Posted March 20, 2007 The Ropers aim is to close Alton Towers, if that happened they would become so wanted by everyone who visited the park the Ropers move outside of England. If the couple are in their 60's they should know better, but after playing enough golf he has got bored and wants AT next on his "hit-list". AT should give em a couple of million pounds to live somewhere else. Why spoil the enjoyment of AT visitor's and put a noise ASBO on it. It's so stupid Link to comment Share on other sites More sharing options...
Wishmaster Posted March 20, 2007 Share Posted March 20, 2007 I don't really understand what they are complaining about. An average forest that isn't doing anything produces about 40 decibels and since Alton Towers is completely surrounded by a forest it would be impossible for the Ropers to even hear the park. A few years ago it was announced that Mr Roper's pottery company produces about 85 decibels. If I were AT I would sue the Ropers cause their company's noise disturbes the park guests. Link to comment Share on other sites More sharing options...
IceDragon Posted March 20, 2007 Share Posted March 20, 2007 I don't really understand what they are complaining about. An average forest that isn't doing anything produces about 40 decibels and since Alton Towers is completely surrounded by a forest it would be impossible for the Ropers to even hear the park. A few years ago it was announced that Mr Roper's pottery company produces about 85 decibels. If I were AT I would sue the Ropers cause their company's noise disturbes the park guests. that would be sooo funny... if it does close, i get first torture rights on their ass!!! can we get their golf courses closed down? i got a local pub shut down because it was serving under 18's... Link to comment Share on other sites More sharing options...
Menghini Posted March 20, 2007 Share Posted March 20, 2007 Evil thoughts! I like it...! Somehow people living nearby parks are always trying to get rid of the park, or making it difficult to build a certain ride. For example: Duinrell isn't yet allowed to build a 97o drop-coaster (gerstlauer), because of the "amusement-noise"! And it might attract more visitors! I think there'll always be people like that. Link to comment Share on other sites More sharing options...
RollerC Posted March 20, 2007 Share Posted March 20, 2007 Why does it seems like people near Eurpoean parks have a huge problem with noise where as people near US parks don't care as much(Not saying they don't care at all). Kennywood has houses right down the street and Phantoms Revenge has one of the loudest lifts and Swing Shot has it's load air tanks yet no one trys to sue them. Link to comment Share on other sites More sharing options...
IceDragon Posted March 20, 2007 Share Posted March 20, 2007 i would love to live on the doorsteps of a theme park, but i agree that i will eventually get peeved off with the rides and noises. they chose to live there, its their decision, thus its their fault and they should sue themselves... Link to comment Share on other sites More sharing options...
Menghini Posted March 20, 2007 Share Posted March 20, 2007 i would love to live on the doorsteps of a theme park, but i agree that i will eventually get peeved off with the rides and noises. they chose to live there, its their decision, thus its their fault and they should sue themselves... They never expected that an amusement park would be fun... Link to comment Share on other sites More sharing options...
Xxhershey818xX Posted March 20, 2007 Share Posted March 20, 2007 Wow this is ridiculous. Ok I used to live right next ... seriously right next to Six Flags Great America! Yea you heard screams and the rolller coasters. but eventually you learn to block them out or buy sound proof windows or something. We didnt even have a forest to block the sound. Just a fence. Thes people must have a stick up thier butt or something! Link to comment Share on other sites More sharing options...
socalMAN123 Posted March 20, 2007 Share Posted March 20, 2007 If they don't enjoy all of the sound in the area, why the heck do they live there in the first place?! I have yet to go to Alton Towers but, with all the restrictions already in place, why would they have more? The people that live around there are already rich enough, this just sounds like a scheme to get more money. Basically, it sounds like they have taken some pretty big parts out of the park, why take more? These people are making me quite mad. /rant ---Brent Link to comment Share on other sites More sharing options...
CGM Posted March 20, 2007 Share Posted March 20, 2007 If they don't enjoy all of the sound in the area, why the heck do they live there in the first place?! I have yet to go to Alton Towers but, with all the restrictions already in place, why would they have more? The people that live around there are already rich enough, this just sounds like a scheme to get more money. Basically, it sounds like they have taken some pretty big parts out of the park, why take more? These people are making me quite mad. Just to clear something up, the Ropers have lived there since before Alton Towers became a theme park so the argument about them choosing to live there is completely void. And as for the comments about everyone in the area being rich, I don't know what you're on about. Why would they be any richer than anywhere else in the country? I know someone who lives close to AT and they're not by any means rich. But yes, I do feel that the Ropers are taking this too far. This must be about the fourth time they have made an appeal for restrictions to be changed and they're strict enough as it is. 40 decibels is probably about the least you can run a themepark at. The proposed 28 decibels is rediculous Link to comment Share on other sites More sharing options...
jackskellington101 Posted March 20, 2007 Share Posted March 20, 2007 I don't know much about British law. That being said, I don't think the Ropers have much of a chance. I think this appeal was brought upon because Alton, and all of Tussuad, was recently acquired. They could feel the money and they had an option to go for it. Though I also feel it's not about the money in this case. They very honestly feel disrupted in their every day lives because of this and, in the immortal words of Chairman Clench, "profit is simply a byproduct that we've learned to live with". Link to comment Share on other sites More sharing options...
CGM Posted March 20, 2007 Share Posted March 20, 2007 They have had chance to appeal and they've suceeded in the past meaning that AT has had to shell out quite a bit to meet the requirements set by the court. When this has already been done, I'm afraid I can't feel too sorry for them and believe me, I know all about what it's like living next to noise. I live next to a main road and a railway. You learn to get used to it and since the Ropers own a very loud pottery factory, who are they to complain? Link to comment Share on other sites More sharing options...
IceDragon Posted March 20, 2007 Share Posted March 20, 2007 like i said, why did they not accept the money to fully soundproof the house? If this is what its coming down to, then it should be done, shouldnt it? sure, they may have to move out for a few weeks so it can be done, but at least then they can live in peace... Link to comment Share on other sites More sharing options...
dewthedew Posted March 20, 2007 Share Posted March 20, 2007 Wow those people are taking it for granite that they live close to a theme park. What is wrong with them? Link to comment Share on other sites More sharing options...
Airtime&Gravity Posted March 20, 2007 Share Posted March 20, 2007 Why the hell do they continue to complain?! Did they not notice the theme park when they moved next to it? What is even more insane is that the court rules in their favor, and they continue to complain. Link to comment Share on other sites More sharing options...
IceDragon Posted March 20, 2007 Share Posted March 20, 2007 Why the hell do they continue to complain?! Did they not notice the theme park when they moved next to it? What is even more insane is that the court rules in their favor, and they continue to complain. how funny would it be if they bet AT they could get a certain amount of money in a certain time period. Nothing gets paid, there is nothing gained, but the winner gets to say 'nyah nyah nya-nyah nyah!!!!!'. I would laugh so hard... Link to comment Share on other sites More sharing options...
Fallen Heretic Posted March 20, 2007 Share Posted March 20, 2007 I think the ropers are just after a quiet life. Remember Alton Towers wasnt a theme park when they moved there, so I guess in some way they have a right to feel like their peace has been violated. I can see their point of view to a degree. However, I dont think they realise that what they are asking for just isnt possible without seriously damaging the parks business. That could mean tussauds reducing staff at the park, thus a loss of local jobs. Im sure the community would thank them for that (sarcasm). For those saying things about their pottery factory, its woth noting that the pottery factory isnt at their house. Churchill China is a rather huge, stock market floated company, which the ropers have significant shares in (and he is chairman) but they dont own it outright. Its not like they have it in their back Garden. Yes, I did do a bit of research on that. lol. Mr Roper is 60-something now. Maybe in a few years they will both be deaf, and it wont matter anymore. lol. Imagine if Alton Towers has to close down. I can see a mass, coaster enthusiast hippy-style sit in round the Ropers property. Or on it, if your happy to risk getting arrested. lol. Link to comment Share on other sites More sharing options...
verticalzero Posted March 24, 2007 Share Posted March 24, 2007 The Ropers have lost their case against Alton Towers. I hope their leave the Park alone and let all the guest have fun Link: http://news.bbc.co.uk/1/hi/england/staffordshire/6486787.stm 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. He added that the crown court was justified in refusing to impose a "more exacting standard" on the park and rejected the Ropers' claim that the ruling was "irrational" and that the court had "taken leave of its senses". This case has shown that members of the community can stand up to big business and they can achieve a real result which the court considers will make a real difference Richard Buxton, solicitor Jonathan Caplan QC, for Tussauds, told the court that that the company had spent "a little under half a million pounds" in legal costs during the dispute. The Ropers' own legal bills are expected to run into five figures. In 2004, Tussauds was fined the £5,000 by magistrates who imposed a noise abatement order after complaints from the couple, from Farley. The company appealed and the crown court reduced the fine to £3,500 and relaxed the abatement order, raising the permissible noise level from 32 to 40 decibels. 'Not fussed' by costs But the couple felt it did not control noise levels from concerts and fireworks displays and that there was no adequate system in place to monitor sound levels. They also complained about the shrieks from people enjoying the theme park's white-knuckle rides. Their solicitor, Richard Buxton, said they felt the noise issue was so important that they were "not fussed" by the costs. The couple had succeeded in the earlier hearings in having some restriction on the noise level coming from the park. He said: "This case has shown that members of the community can stand up to big business and they can achieve a real result which the court considers will make a real difference. "We will have to see whether the abatement order works." Link to comment Share on other sites More sharing options...
Masked_Maverick Posted March 24, 2007 Share Posted March 24, 2007 I think that AT should put in a Screamin' Swing and a Power Shot/Turbo Drop just to tick The Ropers off. Link to comment Share on other sites More sharing options...
cobra_roll06 Posted March 24, 2007 Share Posted March 24, 2007 I wonder if the ropers watch any forums like this to see what the public really think of them! Would be good to hear what they have got to say! Would be a one big HUGE debate. TPR vs The Ropers! Oh how they would be destroyed lolol Link to comment Share on other sites More sharing options...
Astat Posted March 24, 2007 Share Posted March 24, 2007 People like this are the reason why when I rule the world, the first law I'm making is simple: "If it's not on your property, tough sh*t." Link to comment Share on other sites More sharing options...
jackskellington101 Posted March 26, 2007 Share Posted March 26, 2007 Theme Park Allowed to Make Noise (BBC) Mr Justice Wilkie said residents must expect some noise from Alton Towers. He added that the crown court was justified in refusing to impose a "more exacting standard" on the park and rejected the Ropers' claim that the ruling was "irrational" and that the court had "taken leave of its senses". So the high court ruled in favor of Alton and the old rulings stand. In other words, what we all thought would happen happened. Victory for Alton! Link to comment Share on other sites More sharing options...
cfc Posted March 26, 2007 Share Posted March 26, 2007 ^You know, it's rather difficult to make the "irrational court that has taken leave of its senses" plea work. Judges tend to get a little irritated at that. Link to comment Share on other sites More sharing options...
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