RESIDENTS are celebrating after a judge cleared the way for a company to be prosecuted if it continues to cause noise problems.

City of York Council and Elvington villagers have fought for years in several courts to force Elvington Events Ltd to put the brakes on the noisy motor sports it runs at the airfield near their homes.

Residents told York Magistrates Court how they had to leave their homes when events were on because they said the noise made normal life impossible.

But as the company considers restarting Formula One testing at its base, district judge John Foster threw out its appeal against a noise abatement notice – meaning Elvington Events could be prosecuted if it continues to operate motor activities at the current decibel level.

The district judge ordered Elvington Events Ltd and Elvington Park Ltd, which also appealed against the notice, to pay the council’s £12,977.77 legal costs.

Mike Southcombe, environmental protection manager at the council, said after the hearing: “Hopefully, this draws a line in the sand and they will take very serious notice of what the judge has said.”

He warned the council had a legal duty to investigate noise complaints and to prosecute if there was sufficient evidence to do so.

Both companies now face fines in the magistrates court of up to £20,000 plus £1,000 for each day the noise continues, if they fail to turn down the sound. Magistrates could also commit the companies to York Crown Court for trial where a judge could fine them an unlimited amount.

Chris Hudson, of Elvington Events, declined to comment until he had studied the judgement in detail.

The council served the abatement notice on the companies last October after a High Court judge overturned a previous abatement order on a technicality after appeals heard before magistrates and York Crown Court. The companies have 21 days in which to lodge any appeal against the latest judgement.