Farmer left scrambling for cash as he flouts noise order
Date published: 17 March 2011
A 75-year-old farmer has been hit with fines and costs of £1,400 for holding a scrambling event with up to 80 bikers just two days after being banned.
Oldham magistrates heard how Jack Lumb flouted an order intended to combat noise nuisance.
Prosecutor for Oldham Council, Carol Curtin told magistrates how an environmental officer visited land rented by Lumb at Whitfield Dairy Farm in Shaw on April 30, 2010.
Acting after sustained complaints from residents, the officer slapped Lumb with an abatement notice, banning the use of motorcycles on the land apart from agriculture use.
However they discovered the order being flouted just two days later.
Mrs Curtin said: “Before reaching the site motorcycles could clearly be heard and the noise was described as intrusive. The officer found a motorcycle race taking part in a roped off area with an estimated 60 to 80 bikes involved.”
Residents had complained of loud and disruptive noises coming from the site where a full-scale race meeting was being held.
They said noise from bikes, cars, vans, catering stands and members of the public had forced them to stay inside, shut windows in an attempt to drown out the racket.
After some confusion over his plea Lumb, who had to use hearing aid equipment, pleaded guilty to failing to comply with an abatement notice.
The court heard how Lumb, of Smithyfold Farm, Rishworth had been holding up to 14 events per year and said he didn’t know he had been served with the order on April 30.
He had received commercial gain for allowing the use of the meeting.
He said: “What doesn’t make sense is if we had the abatement notice I can’t see us carrying on doing it, that would just be totally stupid.”
Lumb did admit to holding the event and said he could understand how 60 bikes would make more noise than just a couple of vehicles.
He was ordered to pay a fine of £750, costs of £636 and a £15 victim surcharge.
Arguing that he could not afford to pay back £25 per week, he said: “I’ll only be back again soon, I haven’t got the income.”
He was ordered to pay £20 per week.