Next battle over Devon raceway revving up

A complaint that a Devon council has failed to enforce a legal agreement aimed at overseeing an outdoor karting business has been lodged with a government watchdog.

Residents this week (Tuesday 24 February) secured poll position in their bid to prevent Dunkeswell Raceway from being able to operate for more days throughout the year, but the saga looks to have a few more laps yet.
Nick Chapman, one of the roughly 300 residents who lodged objections to the raceway’s planning application to increase the number of race days, has revealed that he has complained to a major government watchdog about what he claims is East Devon District Council’s lack of enforcement over the karting business.
The Local Government and Social Care Ombudsman (LGSCO) has now accepted Mr Chapman’s complaint. In a letter to him, the LGSCO states that it has “assessed whether we can and should investigate your complaint..[and] have decided we should consider it further, and have passed it to our investigation team”.
Mr Chapman’s complaint states the council has “failed to enforce the Section 106 pertaining to Dunkeswell Raceway (leisure and championship karting activity), limiting noise and light pollution in an area of outstanding natural beauty”.
A legal agreement – known as the Section 106 – drawn up in 2010 with the raceway’s former owner, Mansell Raceway, linked to former F1 star Nigel Mansell, outlined how many days per year and the times racing karts could be used, specific days when they couldn’t, and even maximum noise limits.
The council has said while it can take enforcement action, it isn’t legally obligated to.
Residents claimed at this week’s planning committee that they had recorded more than 20 breaches by the current owners, but that East Devon had failed to take the necessary action.
The council said that because the raceway had been attempting to formally extend the number of race days, some of those alleged breaches might have become permitted activity if the planning application submitted by the business was successful.
Planners also said they believed the proposal by the raceway, to scrap the legal agreement and to implement a noise management plan with formal complaints procedure, would be much more easily enforceable.
That’s because the Section 106 involves lodging an injunction with the High Court, whereas East Devon suggested a breach of the proposed noise management plan would mean the council could begin enforcement action itself.
However, with the raceway’s proposals rejected at the planning committee this week, it means the Section 106 still stands.
“My complaint is that East Devon District Council has repeatedly failed to enforce the fairly simple restrictions of the Section 106,” Mr Chapman said.
“It is not that complicated. The Section 106 represented a reasonable compromise of the needs and wants of the raceway, local villagers, the National Landscape (new name for Area of Outstanding Natural Beauty), and the council – it’s a compromise all round and everyone has been happy”
He added: “The Section 106 is not perfect, but it is a reasonable compromise and everyone wins a bit out of it, and by and large, it works and so that’s a good enough reason for it to stay.”
Mr Chapman said the council was “not enforcing the Section 106 and has a duty to do so”.
He added that residents had breaches itemised with “quite a lot of detail” as well as evidence.
Dunkeswell Raceway has previously been asked about alleged breaches but did not address that point, instead stating that because it wanted to be a “good neighbour”, it had proposed the noise management plan, continuous monitoring, transparent reporting and formal complaints procedure “for the first time”.
Mr Chapman acknowledged there were cost implications for the council in pursuing a potential injunction via the Section 106, but that “it would be normal for those costs to be awarded against the losing party” meaning he thought the council would have a “very high” chance of getting back any money spent.
Mr Chapman first made the complaint in June last year and the LGSCO contacted him earlier in February stating it had been passed to its investigations team.
A spokesperson for East Devon District Council said it would “not be appropriate for the council to comment on the specifics of an individual ombudsman complaint that is ongoing”.
But it added: “EDDC works with developers to try and resolve issues first.
“The council is not legally obligated to take formal enforcement action, and uses it as a last resort, where it is reasonable and in the public interest.
“Complaints about some of the more significant breaches were submitted after planning applications were already being considered. This series of applications,  which under our planning enforcement policy, had to be dealt with first, were refused by the planning committee on Tuesday 24 February 2026.
“The committee noted concerns about the site’s impact on residents and the Blackdown Hills National Landscape.
“EDDC will continue to investigate complaints, with proportionate and reasonable action, in accordance with the council’s policies.”
After the planning decision against the raceway, both the owner and their agent declined to comment.