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No. 127 • October 1992 • Circulation 11,500
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west swindon's magazine
BOOK A BIKE FOR CHRISTMAS AT EXPRESS CYCLES
Christmas Club now running 96 - 99 Manchester Road, Swindon
and the swindon wide what's on guide Panto to bring in crowds again
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Bonfire builders needed Is there a group of people willing and able to organise the annual November bonfire night at Toothifi Farm? If not, this long running community event will not take place this year. For the last twelve years the event has been coordinated, usually at very short notice, by community workers from Thamesdown Council's Community Development department. Volunteers helped to build the bonfire from donated wood pallets, let off the fireworks and served refreshments. The community workers can no longer keep the bonfire going and it is now up to local people to organise themselves. Information on where to get materials and the responsibilities of organising a bonfire will be available, but the actual coordination and the work involved will have to be undertaken by a group. If any readers can take the project on, telephone Miriam Minty on 526161 ext. 4843 for information or The Link magazine on 872282 for free publicity.
Filled with fun, magic and excitement, Jack and the Beanstalk, this year's Pantomime at the Wyvern Theatre promises to be just as good as ever. The cast came together at a panto launch at Stone Lane Garden Centre in September to get the publicity band wagon rolling. Topping the bill will be 'Are You Being Served' favourite Trevor Bannister as the outrageous Dame Trott. He'll be joined by GWR/FM and Top of the Pops presenter Mark Franklin as Jack, Hugo Myatt as the Giant's Henchman, the Mollie Tanner Dancers plus a fabulous supporting cast. Once again, Swindon's panto will be full of fun, laughter, music and spectacle, in fact all thatyou would expect from a traditional pantomime for the whole family.
With the giant, Mark Franklin, Trevor Bannister and Hugo Myatt and Molly Tanner Dancers Kirsty and Kelly Rayment from Sparcells
All weather pitch court action fails A private action by four Grange Park residents to restrict the use of the floodlit all weather sports pitch at Greendown Community School failed atSwindon Crown Court on 18 September. The court action was brought by Mark and Tracy Fisher and John and Ruth Spranklin of Cower Close against Wiltshire County Council and Mr Roger Ogle, chair of governors. In a two hour judgement after a six day hearing, Judge Susan Darwall-Smith concluded that the noise from the use of the pitch and the intrusion of light from the floodlights did not constitute a nuisance in common law and it was not appropriate to impose restriction as to its use. Claims for damages were dismissed and costs were awarded to the defendants. The judge said she had the task of striking a balance between the demand of the residents to enjoy their property without unreasonable intrusion of noise or light, and the right of the defendants to use the sports facility for pupils and the community. The court heard from acoustics experts, residents, the school's headteacher and director of recreation, Mr Ogle and a county council officer. The judge made a site visit to view and listen to a hockey session in progress, from the pitch and from the households affected. The court reviewed the history of the case from the original planning permission fora school and flood lit all weather playing field in 1984 through to the court action brought by the residents.
The judge said that she believed a petition objecting to the pitch in 1990 was signed by residents living closeby before the pitch was in use because they did not accept the planning decision and in anticipation of noise. She noted that several residents overstated the problem of noise in their testimony. She said that the plaintiffs let the affect the pitch was having on their lives get out of proportion; their perception of the inconvenience had become coloured by their anger that it had been built at all. Judge Darwall-Smith criticised Thamesdown Council's Environmental Health Officer Brian Marshall for being over critical in his approach and for identifying with the residents' views more than he should have done. She preferred the evidence of the defendant's independent noise expert. She also rejected the evidence of local councilbr Simon Cordon who, being a Thamesdown and Wiltshire County Councillor, a school governor and chair of its community management sub-committee, had a foot in every camp. She criticised him for not informing the governors that he supported Thamesdown's demands for restricted pitch use. She complemented Creendown headteacher Mr Ian Matthews for taking a balanced, fair minded and sympathetic approach to the problems experienced by residents, whilst being mindful of the needs of the community. The
defendants had thought carefully about the hours that the pitch could be used and taken measures to reduce the inconvenience to residents. The hours they set were fair. In her view Judge Darwall-Smith said the plaintiffs had accepted noise from the M4, aircraft overhead, mowers, children playing in the street, and tennis courts next to the pitch, but did not accept the new development of the all weather pitch although it is quieter. Its use might be an occasional inconvenience, but not an actionable nuisance. She said that whilst the floodlights were bright, they were used in the darker months when residents were indoors. Although curtains might have to drawn earlier, that inconvenience did not constitute a nuisance either. The judge recommended that the pitch be used on alternate Sundays and that noise reduc, ing measures already in hand, extra rubber padding and loose netting behind goals and plantingof conifers between the pitch and housing, be carried out. She expressed the hope that relations between the school and the residents could be improved. In lifting the restrictions imposed by a temporary injunction in June, the Judge approved the hours of use set by Greendown Governors as reasonable. The hours, as recommended by Wilts County Council are 9am to 9pm Monday to Friday, 9am - 6pm Saturdays and lOam to 1pm on Sundays.
