Council slammed for ‘malingering’ in motocross dispute
ajsmith@thekmgroup.co.uk Residents worried about the resurgence of a noisy motocross track say they know who to blame if their fears are confirmed – Maidstone council.
It was in January 2011 that the peace and quiet of Lenham and Harrietsham was first disturbed by the revving of motorbike engines after a motocross track was created on farmland between Sandway Road and Runham Lane.
A refused planning application, enforcement notice and appeal by owner Park Valley Leisure Ltd followed, but the presence of great crested newts means that the order to restore the land is unenforceable.
Residents have been waiting since the appeal on September 18, 2013, for Maidstone council to come up with new wording – but the council has failed to do so.
Richard Knox-Johnston, of the Campaign to Protect Rural England, which assisted residents with their complaints, said: “The fear is that if the council does not issue an order promptly, the use of the land for motocross will become legal in January next year under the four-year rule.”
If building or engineering works go unchallenged for four years, they become permitted by default.
A Maidstone council spokesman said that’s not the case and residents should not worry.
“Planning use is only permitted by default if unchallenged for 10 years, not four,” they added. “We have obtained new legal advice on this case and will be calling a meeting with interested parties to explain our next actions.”
But residents fear the council is still getting it wrong.
Objector James Proudlock said: “The 10-year rule applies to use of the site, not the engineering works that created it.
“If the council fails to object to the engineering works within four years, it will be powerless to demand the land is restored to its original condition.”
Neighbours fear the owner will then still be able to hold 14 events a year, under permitted development rights, without needing a change of use.
A complaint has been made to council chief executive Alison Broom and the Local Government Ombudsman if they don’t receive a satisfactory response. Lady Monckton, of Runham Farm, said the noise from the track was unbearable, adding: “We are in despair and very irritated by Maidstone council’s malingering.” Faversham and Mid Kent MP Sir Hugh Robertson, whose constituency includes Runham Lane, said: “This activity has caused genuine misery and upset for local residents. “Despite countless letters, e-mails and representations right to the top of the council, there seems to be a lack of will to stop an illegal use of the land.”