Help! Dirt bike track being created behind house

[DirtBikeHell]

Trying to find out if what's happening is legal, etc, but don't know where to start.

Live with a couple of fields behind our row of houses. Until now they've been used for growing crops. Last week they finished clearing the last of the winter plants and ploughed up.

Since then they've steamrolled the whole thing and group of dirt bikers came out to ride. This morning more flattening is happening and tyres are being brought in to create a track. The steamroller is so close it's making the house vibrate.

There is about 3ft between the back fences and the edge of the track. My question is: is this allowed?

Can they just turn a space like this from agricultural to motorsport? It's like having a track in your neighbours garden. Is there a notification process? Can the neighbours object officially somewhere?

I've no clue where to begin and all help would be appreciated.

I’m guessing a planning application would have been needed? Start by enquiring at your local council.

If the change of use is permanent and involves creating a clearly defined dirt bike track that is no longer suitable for agriculture, planning permission from the local council will likely be needed. 


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If the land is used for a dirt bike track for less than 28 days per year, it might not require planning permission. 





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Original Town and Country Planning Act 1990 -
If you allow your land to be used for motorbike scrambling then you should check that that the usage complies with Town and Country Planning (Generally Permitted) Development Order 1995. This basically states that an agricultural field may be used for the purposes of non-competitive motorbike scrambling, without planning permission being required, for up to 28 days in a calendar year. In the event that the land is being used for the purposes of motorcycle ‘racing’, ‘including trials of speed’, or ‘practising’ for such events, then the use is permitted for only 14 days in a calendar year.
If complaints are received by the Council regarding alleged noise nuisance then legal action may be taken against landowners who permit the use of scrambling on their land or where access can be easily gained to the land which could otherwise be prevented. Under Section 80 of the Environmental Protection Act 1990 an Abatement Notice can be served to prevent the existence and recurrence of the nuisance. Failure to comply with the Abatement Notice is an offence which can result in prosecution proceedings being taken and fines of up to £5000 (£20000 for commercial premises).
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The order was superseded in 2015 but the bits relevant to this haven't really changed. You can view the relevant part of the current order here https://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/4/crossheading/class-b-temporary-use-of-land/madee_
Part 4 has been updated a couple of times since the original but I believe that's primarily around camping or caravan sites and shouldn't extend the 14 day period for motorcycle racing.

There are restrictions on how large or high any features can be ie jumps or berms (corners) before planning is required, so if any heavy earth moving has been done they may be breaching planning that way too. My commiserations OP.

Thank you all for your replies. I'll start by reading through the link and checking if any applications have been made to the council.

If it was limited to 14-28 days per year (and they stuck to that), I probably wouldn't mind as much. I mean, I'd still hate it, but I'd know there was an end in sight. This business of just doing what you like is (1) a very local mindset and (2) really unnerving because you're constantly on alert for whatever nonsense is coming next.

@GeorgianaM I've checked the planning site and there's no permission requested, so I'm guessing it's related to the information you've posted. Thank you for that - it's really helpful to read. I think several neighbours are likely to complain about noise, and we can at least start counting/recording how often they're using the field for this.

My concern other than noise is the fumes from 2-stroke bikes, but I'm guessing there's not a lot we can do about that.

Contact your local Councillors at all levels - Parish, District/Borough and County level - and let them know what is going on.