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Last Updated: Tuesday, 19 October, 2004, 14:03 GMT 15:03 UK
Couple fail in fireworks ban bid
Oblivion ride at Alton Towers
Screams from thrill-seekers
Legal action to ban a series of massive fireworks displays at Alton Towers has failed.

Stephen and Suzanne Roper, who live in a cottage 100 yards from the Staffordshire theme park, went to the High Court to try to halt the events.

But Mr Justice David Clarke said park owner, Tussauds Theme Parks, would suffer "substantial" losses if they were cancelled at short notice.

Five displays are due to be held over the next two weekends.

Emergency injunction

Mr Justice Clarke did sympathise with the couple and said, if he had his way, he would ban noisy fireworks so that people could concentrate on visual displays.

However Bruce McKendrick, Tussauds Group Theme Parks managing director, said on Tuesday he was delighted at the ruling.

He said: "Common sense has prevailed and the events can go ahead as planned.

"We believe that this is the best possible outcome for our local community, which relies on these events to give their income a boost before the park closes for winter."

In August, the Ropers won a ruling from North Staffordshire Magistrates' Court that the noise caused by annual firework displays and the incessant screams from people on the park's rides constituted a statutory nuisance.

The noise abatement notice is due to go before a hearing in November but, in the meantime, the couple sought an emergency injunction to stop the fireworks.

Displays 'intolerable'

Mr Roper, 62, who runs Stoke-on-Trent based pottery Churchill China, and his wife moved into their house in the hamlet of Farley 12 years before the first rollercoaster was built.

Their counsel, Stephen Hockman QC, had told Mr Justice Clarke that in previous years the displays had been advertised as "the loudest fireworks in Britain".

Mr Hockman had said the Ropers would be prepared to agree to one display, but five would be "intolerable".

The couple had turned down the company's offer of �200 per night to go out to dinner while the displays were on.




SEE ALSO:
Fun park 'makes too much noise'
02 Aug 04  |  Staffordshire
Fun park screams 'cause misery'
15 Jul 04  |  Staffordshire
Theme park 'pushing absenteeism'
21 Apr 04  |  Staffordshire
Alton Towers offers refund
03 Jun 03  |  Staffordshire


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