Case Law

Notable noise nuisance cases with which Mike Stigwood has been involved as an expert witness
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Roper v Tussauds Group 2004 & 2005 (Alton Towers)

View the judgement. (Requires Acrobat Reader)

North Staffordshire Magistrates Court and subsequent de novo appeal at the Stoke on Trent Crown Court. This was a private statutory nuisance prosecution under s82 Environmental Protection Act 1990 involving a number of noise sources. Mike Stigwood acted as the prosecutions principle expert witness at both hearings where the allegation of nuisance was upheld. At the time of writing this report the proceedings continue to consider the terms of the order and sentencing.

R (oao Harlow) v South Cambridgeshire DC 2005 CoA

This was a Judicial Review of the Council's assessment of a noisy site using British Standard 4142.

Dennis v MOD [2003] EWHC 793 (QB)

View the transcript. (At RichardBuxton.co.uk)

This was a private nuisance action in the High Court arising as a result of noise from military aircraft.

Hewlings v McLean Homes East Anglia Ltd [2001] 2 All ER 281

This was a statutory nuisance private prosecution under s82 Environmental Protection Act 1990 which involved building site noise and validity and wording of the notice.

Cambridge City Council v Douglas [2001] Env LR 41

This case was concerned with the wording of the Environmental Protection Act section 80 notice and related to noise from a public house.

In addition to the above, Mike Stigwood has been involved in a wide range of other nuisance cases at Magistrates and County Court level.

Planning Appeals / Inquiries with which Mike Stigwood has given evidence.

In most cases Mike Stigwood has given evidence as a noise or environmental health expert but in a number of Inquiries, some unrelated to noise (i.e. lawful development, planning merit) Mike Stigwood has presented the appellants case. The main cases Mike Stigwood has been involved in recent years include:

Elsham Wind Farm - 2006

This was a proposal for a new wind farm in North Lincolnshire. Mike Stigwood was presenting noise evidence for the local planning authority.

Cambridgeshire Guided Bus - 2005

This was a proposal for a new guided busway following the old Huntingdon to Cambridge railway line. Mike Stigwood was representing Histon and Impington Parish Council giving evidence in relation to noise impact on the village and cross-examination of witnesses in relation to noise.

Manor Farm Barns Thurleigh Beds - 2004

Proposed residential development adjacent to farm haulier. Giving evidence on behalf of Beds BC.

Erection of detached house Catworth - 2003

Giving evidence in relation to noise impact of behalf of applicant against Huntingdonshire DC.

Wyboston Residential Centre - 2003

Giving evidence in relation to grain dryer and farming activities adjacent proposed development on behalf of applicant against Bedford BC.

Quarry Wester Lairgs Strathnairn - 2002

Giving evidence of behalf of the Friends of the Earth in relation to noise impact on the locality.

69 London Road Wollaston - 2002

Giving evidence on behalf of developer impact upon daylight at existing development.

4 South Grove Camden - 2001

Giving evidence on behalf of Camden BC in relation to noise impact from extended hours of operation of restaurant.

Montells Nightclub Tewkesbury - 2000

Giving evidence for Tewkesbury DC in relation to appeal against condition on noise.

Fullers Hill Airfield South Cambridgeshire - 1999

Enforcement Notice appeal. Giving evidence for resident group and cross-examination of noise experts.

Other cases where Mike Stigwood has either prepared proofs but not given oral evidence because appeals were either withdrawn or dealt with by written representations include, Windfarm noise, Helicopter noise and Restaurant / Takeaway noise. Mike Stigwood has also presented evidence or the client's case at Minerals planning and landfill plan inquiries and for a Caravan site.

Contact Details

Mike Stigwood MIOA, FRSH.
 & Terri Stigwood MRIPH.

A: 14 South Road,
Impington,
Cambridge,
CB24 9PB

T: 01223 441671 or 510430

M: 07867 977222

mail@masenv.co.uk