THE High Court has backed City of York Council in its prolonged battle against noisy motorsports on an airfield near York.

The council served an enforcement notice in 2008 against Elvington Park Limited’s unauthorised activities at Elvington Airfield, in response to complaints about the noise from local residents.

A spokeswoman said the notice was upheld by an appeal inspector in 2009 and, following a two-year process, Elvington Park Limited’s appeal to the High Court against the inspector’s decision was dismissed earlier this week subject to only minor amendments to the Enforcement Notice.

“The decision confirmed that there was a breach of planning control, as alleged in the notice – meaning that a permanent and material change of use of the land took place to a use comprising materially more noisy and more frequent motor vehicle - without planning permission,” she said.

She said the court had passed the matter to the Secretary of State in 2011, with the opinion that the Enforcement Notice should be amended to take account of the lawful use rights under a 1993 planning permission for an advanced driver training school.

“The court dismissed all the other grounds of appeal,” she said.

“This week, the notice was slightly amended by the Planning Inspectorate to make it clear that the use permitted under the 1993 planning permission for an advanced driver training school can continue and is not affected by the requirements of the notice. It was also confirmed that subject to a previous minor variation, the notice is upheld and the appeal dismissed.” Jonathan Carr, head of development, said: “It took us a long time to get to this stage and we’re pleased with the decision that’s been made by the High Court.

“It confirms that Elvington Airfield was in breach of their planning permission and that we were right to take the action we did.

“This decision will ensure that no unauthorised motorsport activity can take place at the airfield and will protects residents living in this area from noise nuisance.”

Coun Dave Merrett, cabinet member for transport, planning and sustainability, said: “I’m pleased that the courts have upheld the essential aspects of our enforcement notice aimed at protecting local residents from the unacceptable consequences of the unauthorised use of this site.”

Elvington Park Ltd was unavailable for comment.