Dunkeswell Raceway is a go kart racing circuit, once owned by Nigel Mansell, on the edge of Dunkeswell Aerodrome, Honiton in the Blackdown Hills National Landscape (formerly AONB).

Karting has taken place there for many years since the 1960s.  The use was formalised by a grant of planning permission in 2002 (8 karts only) and activity has increased incrementally with subsequent grants of section 73 planning permissions.  Noise complaints resulted in the service of an abatement notice in 2010 but that was quashed by the magistrates’ court and the Council’s appeal to the Crown Court was withdrawn when the then owners agreed to a set of controls over kart numbers, operating hours, numbers of race days and noise limits which were incorporated into a section 106 agreement.

The current owners made a series of section 73 applications in 2025 to allow increased days and hours of operation, an extended range of track activities and an increase in the permitted number of karts in use at given times, with noise limits to be governed by a new “noise management plan”.  The section 106A application was advanced on the basis that the new conditions, including a requirement to comply with the terms of the noise management plan, would supersede the 106 (albeit without contending under section 106A(6) that the agreement “no longer serve[d] a useful purpose”).

Officers recommended approval of the applications, taking the view that the case was “marginally balanced” in favour, having regard to the absence of objection from the environment health department and according some (but not very much) weight to improvement of the economic viability of the raceway and its potential to contribute to the tourist economy.

Sheldon Parish Meeting strongly challenged those views, pointing out that the balance was clearly in favour of refusal having regard to

(1) the indisputable conflict with the development plan (including policies stipulating that development would only be permitted if it was in accordance with a policy which “explicitly permits such development” and if it would “not harm the distinctive landscape, amenity and environmental qualities” of its locality);

(2) the requirement in para. 189 of the NPPF to give “great weight” to conserving and enhancing the landscape and scenic beauty of the National Landscape;

(3) the fact that increased incidents even of “subjectively assessed” LOAEL noise impacts (leaving aside the Council’s previous stance that noise from the track amounted to a statutory nuisance) would in any event cause “unacceptable levels” of noise in the National Landscape, a noted feature of which was its tranquility;

(4) the absence of any weighty material considerations which might “indicate otherwise” than a decision in accordance with the Development Plan; and

(5) the fact that, in any event, the section 73 applications (being applications for “planning permission for the development of land without complying with [previous] conditions”) were planning applications for “major development” (ie “non-residential development” on “a site of 1 hectare or more”) in the National Landscape and therefore, under para. 190 of the NPPF, fell to be “refused… other than in exceptional circumstances and where it [could] be demonstrated that the development [was] in the public interest”, a test which could not be met.

It was also pointed out that the proposed noise management plan was inherently vague and offered no advantages over the section 106 (and despite the general policy preference for conditions versus obligations) which continued to “serve a useful purpose” under section 106A(5).

After hearing representations from local residents and Meyric Lewis KC on behalf of the Parish Meeting, members resolved to refuse the applications contrary to the officers’ recommendation.

It remains to be seen whether the unsuccessful applicants, Dunkeswell Raceway Ltd, will appeal.

Meyric Lewis KC advised and appeared for Sheldon Parish Meeting instructed under Public Access arrangements