Class action lawsuit against Western Speedway?
Posted by Steven Hurdle on September 18, 2010
There are suggestions that a group of residents are preparing a class action lawsuit against Western Speedway.
An ad was posted on UsedVictoria.com on August 23, and was removed in the last few days, but is still available in a cached Version on Google:
“We are looking for anyone that has lost the Quiet Enjoyment of their home due to the ongoing noise from Western Speedway. The City of Langford has created the problem by promoting development around the track without any thought regarding the effects of the noise, and not doing anything to fix the problem. The City has ignored the residents and complaints long enough. You have a right to enjoy your home. We wil get a list of residents and then go ahead with legal action.”
The ad is cached in its original form, but it was updated shortly before being removed to add a sarcastic thank you to the many supporters of the race track who they felt had sent them rude emails. The creator of the ad also noted that the situation of Langford residents living near Western Speedway was nothing like moving next to an airport, in their opinion, pointing out that the track was doing things that airports don’t do, such as run concerts. The update to the UsedVictoria ad also pointed out that the track is used more often than it used to be.
Recent incidents like the Blue Sky Music Festival, or Western Speedway’s first ever winter season, may not have been the start of recent complaints, however. Several people in a KidsInVictoria.com forum indicated that they have neighbours who have been attempting to organise petitions against Western Speedway for some time. One quote (on the second page of comments) indicated:
“I don’t think it stems from anything recent. They have been putting flyers up around Bear Mtn for the past almost year.”
Western Speedway is well known to have been operating long prior to the bylaws that govern its use coming into effect. Other racetracks, such as the one in Cassidy, however, have reportedly closed over similar issues. In every online forum I found discussing the issue of Western Speedway and the class action lawsuit, the majority opinion expressed was in favour of the Speedway, and/or against people moving near something and then complaining about it. The question does not always come down to a popularity contest, however, as noted by shortkakebc in the KidsInVictoria forum:
“People like the ones doing the law suit ( i didn’t read it and dont intend to because i get the idea from everyones posts) are like the people who managed to get cassidy speedway closed. The speedway had tons of support but it all came down to city hall and sadly it was closed .”
WezleyB said
I am ok with living in an industrial area. Industry=Jobs, and if there are jobs in the area, people will be lining up to buy your house when you move. As for bring money into the economy, there were over 45 people working there tonight, selling hambugers,hotdogs, pizza and pop all bought from local stores. Most of the racers buy parts from local venders, scrap yards, and tire shops. Many of the cars are sponsored by local businesses. Do you thing that the swap meet, on sunday mornings, helps or hurst the local economy?? The reason you can hear the track is because “Bare” Mountain creates a natural amphitheatre effect. But that would have also given you a good view of the fireworks tonight as well. Did you enjoy them? As for wood stove emmissions: Residential wood combustion fulfills 12% of the energy needs of the Canadian residential sector but is responsible of 29% of the fine particulates and 48% of the hydrocarbons emitted by all the Canadian sources put together.
DragRacing Tomorrow! 3-6pm. So get your earplugs ready, becauseI dont want to disturb your peace….
Anonymous said
This type of comment is typical of most track patrons, as long as they are entertained screw the rest of you…classy. and yes everyone from Bear Mnt are bad drivers too!?!? and are all bad people??? Here a news for ya the track’s noise travels for miles not just towards Bear Mnt.
Anonymous said
Hey Jim. We get to hear the rock crushing, traffic AND the speedway, till almost 12am last Saterday! So we get all from 8am till 8pm-12am!?!? And guess what we don’t live on Bear Mnt, the noise travels for miles!. The track will close it’s just a matter of time. Perhaps is new mayor and council will be elected and take a long hard look at the future of Langford, is it race tracks or residential? the two don’t mix.
Anonymous said
Re: Anonymous. you would be right in any “normal” city. I and several others have done exactly what we were supose to do, fill out and submit several noise logs, over a one year period, but most have given up on the process because nothing is ever done, and the City of Langford seems to know that if they ignore the complaints residents will just give up! Now the track is running race Wed. Fri, Sat and Sun. plus all the pratices and drifting, now they are a concert venue as well, not sure how that fits with the “race track” zoning, tried to ask bylaw, but of course no response. The track runs the area, they do what they want when they want, to them the bylaw office is just a big joke! Living the life in Langford?!?! Great place to be a develoer but even they don’t live there. Buyers beware of LANGFORD!
Walfred Road resident said
What amazes me is that with so much concern regarding how Langford does not represent its residents, and continues to bulldoze over neighbourhood issues, who keeps voting this council in!!!!! Perhaps before the next election, all the people who oppose this type of administration will take some time to educate their friends, neighbours and workmates to really look at the past decisions. We need fresh ideas and sound judgement to prevail before we lose what little is left of our trees, greenspace (and no a soccer field and flower basket is not greenspace).
PLEASE get the message out there!
Anonymous said
The Real problem is the attitude of the rednecks who think that because the track has been there for a long time they get to do whatever they want whenever they want, well guess what they use to put lead in gas and paint for years but then it was found to be nasty stuff, and cause health and enviromental damage, Point is just because something is old does not mean it’s great, and the rundown old tiny track is not great, 4/10ths of a mile come on it’s a joke, The only thing uglier that the track are the people that go there. CLASS ACTION IS A GO!!!!!!
2 Cents said
I have been a long time supporter of the Speedway, but I feel it may be time to re-locate it and do something more usefull with the property. There must be somewhere in Milllbay or Cobble Hill area that would be better suited for a new state of the art facility that could draw from Victoria, Nanaimo and beyond, and re-kindle interest in the sport.
Outsider said
I don’t understand how anyone living in Langford can be shocked or suprised that quiet neighbourhoods won’t be affected at some point – there is no stability in a community which cancers itself as quickly and as thoroughly as this one has. Allowing development so close to a racetrack which has been in existence can only bring a backlash such as this one. Generations of people lived near it and its noisy events for years as it kept home prices affordable. Why would anyone with a wish for Quiet Enjoyment purchase a home anywhere near Western Speedway? Are you nuts?
Sam Snipes said
I think that anyone who has to resort to ads on usedvictoria to solicit support/clients for their lawsuit probably isn’t that well prepared for the process.
Langford Man said
Unfortunately, when the City of Langford permitted the quarry behind Western Speedway to remove the natural ridge and accompanying trees behind the venue it propagated the problem. The terrain formally helped absorb and dampen the sound. Now it just bounces back toward the mountain which has become heavily populated. I went to see a client on Bear Mt. once on a race night and we had to go inside to talk because we had to shout to hear one another. It was truly brutal. I wish the folks suing the city the best of luck.
Ken said
I have been going to the track since 1970. It used to be nice to look at Skirt Mountain( yes ,that’s the real name of Bear Mountain)and just see all those beautiful trees, you know, the ones that muffle the distant sound of race cars that have been in the Langford area since 1937. Having been raised in the area and to see all that beauty decimated, perhaps us citizens of Langford should start a class action lawsuit against the residents of Skirt Mountain, for having the audacity to clearcut the land, make it look like hell, then complain that it’s not perfectly quiet. Please don’t try to change MY HOME TOO! You’ve messed it up enough already.
Anonymous said
Whether it is an airport, shooting range or a race track, once you develop around them the complaints come next. I live near the speedway and I bought there knowing full well that there would be noise along with it. For the persons wanting to sue Langford for their poor decision – good luck. Here is a tip, the next time you buy a home around a designated heritage race track… invest in some quality ear plugs and don’t try and sue people for your ignorance.
Hurt and ashamed said
This is for all the people who have made mean and hurtful assumptions about some people living in the Bear Mountain area. Some of us residents in this community are new to the area. We did not know about the racetrack. Let’s just say that many people who were involved in helping us buy this house were not eager to let us know about the speedway.
As many of you might not know, buying a house in victoria is a very difficult and expensive endeavour. Especially when you are looking from another city. Some pre-moves only give you 5 days to find a house. It was hard to buy a house that didn’t have a suit or other unwanted features
We bought in this community with good intentions. My husband and I were very thorough about buying a house and we were very meticulous about buying this house.
Airports are usually very clear landmarks, and they are clearly indicated on the purchasing title of the house. If this is the same as an airport why didn’t Langford put this on the purchasing title of the house????
Because they don’t care, that’s why. We are very ashamed that we were tricked into to buying this house. We hold the city somewhat responsible for this oversight. They should not assume that everyone is aware of the speedway. They do not want to resolve this , nor do they care about their residents. We love this house, but have no problem moving away, because we do not want to be in a community that could care less about their residents. Is this how people should treat newcomers to their community?
This is driving many of your residents away…..does the city of Langford ever get anything right?
Anonymous said
Didn’t the big sign that said Western Speedway give you a bit of a hint there might be a speedway there!take some responsibility for your actions and quit trying to pass them off on others! I would like to know how you could afford a house in Bear Mtn. Without being able to read.
Feed up with the Speedway said
My wife and I bought in the Bear Mountain area a few years ago. We were new to the area and were not informed by our real estate agents that there was motor speedway in the area. In any event, at the time the Speedway was used about twice a week, with a race Saturday and a practice usually on Thursday.
Fast forward to 2007, when new management takes over the Speedway bringing in winter racing for the first time in the 50+ year history of the track, music concerts, very annoying drift racing, an expanded drag racing schedule, and to top it off a motor cross racing track that operates year round with very load two stroke motorbikes. This huge expansion in use exactly corresponds with a large increase in the population in the area affected by the Speedway noise. Meanwhile the City of Langford continues to promote “living the lifestyle” and does nothing to find a balance between the residents and the tracks rights.
If Langford just wanted the Speedway and the noise it creates why did the city develop the Bear Mountain area? The city must decide if it wants racing or residential because they do not mix. The city has created a terrible neighborhood, and it will not be able to ignore this problem forever.
Outsider said
To Hurt & Ashamed: I do feel for newbies to Victoria and area. It is most unfortunate that you were unfamiliar with the history of Langford and the present council prior to your purchase. Yes: you were tricked and your realtor’s pockets are full because of your lack of knowledge of the area your were looking at. You are also correct about your mayor and council: full speed ahead with development and to hell with the residents. Your coucellor who ‘thinks green, hikes and rides her bike everywhere’ never votes against environmental destruction; so much for the green image. She’s as responsible for this mess as any of the rest. How they walk through the streets with their heads held high, I’ll never know. But wait: have you EVER seen them downtown unless there is a camera to record the event?
Anonymous said
Before you bought your house, maybe you should have read the 25 foot long Western Speedway Sign when you drove by the race track,LOL,LOL,LOL!!!
robert said
I’m just one of the many locals who wondered what the hell the newbies were thinking when they plunked their dollars down on “Bare Mountain” Mcmansions without doing their due diligence. Did they honestly think we were all deaf here. I know Victoria is the land of the nearly dead and the newly wed, but many of us have been going to Speedway for years (or atleast caught the echo when climbing Mt. Finlayson). So when Lyin Len and the Langford mob pillaged Skirt Mountain, many of us were wondering what they told all their customers “marks”. I’m sorry for your losses but when you move in next to a chicken farm you can’t bitch because of the smell. My suggestion to the “loss of enjoyment” folks is to queue up outside 2157 Stone Gate Rd with your petition clutched in your trembling hands. Apparently there’s a guy in there with all your money.. Good luck..
Steven Hurdle said
I, for one, found the responses really interesting. It was interesting to learn what people believed they had been told by developers and realtors when buying in the area.
As the Bear Mountain development grew I was concerned that Western Speedway, a local institution, would be threatened. I was concerned about everything from the new neighbours complaining about the noise to the development in the area raising the value of the land to the point that it wasn’t worth operating a race track there anymore. When the wasterslides and the driving range closed, it seemed like the writing was on the wall.
It doesn’t appear to have happened that way, though. From what we can see on the outside looking in, the track is flourishing. Western Speedway is now subject to a noise bylaw, a bylaw that post-dates the Speedway by many years, but which track operators have indicated they are attempting to comply with.
It’s going to be interesting to see what happens on this issue. I do support the track and am glad it seems to be on a good footing financially and in the public’s eye. But I won’t ridicule anyone who moved to Bear Mountain not knowing about it, instead I have sympathy for the situation they find themselves in as I can see how that could be a hard thing to assess from another province, and how it could be a nasty surprise. Ultimately though any purchase, including that of a home, is buyer beware. I know people who have chosen to rent in an area before buying, rather than finding themselves forced to buy a home sight-unseen, or over a compressed period of time. It’s generally not accurate to say there were no other options.
As trees have come down across Langford, there is indeed anecdotal evidence that the noise from the track now travels farther than it used to. Points about how, unlike with an airport, the Speedway wasn’t listed on title are interesting points I hadn’t considered. Actually, it makes me wonder if the presence of the South Vancouver Island Rangers’ shooting range in South Langford is mentioned by realtors and developers when showing off properties in Happy Valley, and whether that would come up in a title search or not.
Anonymous said
Western Speedway has been in the same location for over 50 years. The people that have bought homes in the area and are unhappy with the noise should have thought of the problem BEFORE they purchased. If they were new to the Island they should have asked about the neighbourhood BEFORE they purchased. You people moved into Western Speedway’s neighbourhood, Western Speedway didn’t just appear out of thin air. I believe the marketing of Bear Mountain left a lot of folks thinking they had moved to Paradise. The Real Estate agents did a good job selling these properties. Perhaps those of you who want to see Western Speedway out of business should re-think the persons responsible for your unhappiness and slap a suit against those that cheerfully took your money. The current economic downturn has devalued your properties, not Western Speedway.
Observer said
Steven,
What is the Noise Bylaw in regards to Western Speedway?
You mention they are “attempting” to comply with it…What does this mean?
(The assumption would be that if there are complaints and a noise bylaw is in effect then it should be enforced.)
My neighborhood now hears the Speedway quite loudly. When we bought in Langford 20 years ago we could not hear it.
Mayor,Council and those who have applauded and welcomed development in Langford must also come to terms with the incongruity of having a small town racetrack in what has become a high-density city.They cannot marry the two for much longer, and unfortunately, for those of us who enjoy the Speedway and have been here for awhile, we are soon going to be outnumbered by our new neighbours who have moved to our “city”…not to the small town we have known.
Last time my family was at Western Speedway we had so much fun.It was more fun and interactive than going to a movie, and cheaper too!You meet your neighbours there and the concession is quite reasonable.
Thing is, I do feel for those who live close to the track.If there is any sort of compromise that can make it livable for all involved then we all win.
Any constructive ideas out there?
The future is not the Speedway said
Speedway noise and residential living do not mix. It doesn’t matter who was there first.
The future of Langford is clearly residential development (i.e. billions of future investment) vs. the Speedway (hundreds of thousands in revenue). It is residents who pay the vast majority of the taxes in Langford, not businesses and the Speedway.
Do you see sawmills in downtown Vancouver? No, because they all moved out years ago when people needed places to live.
tick tock said
I really don’t think there is much one can do at this point. And even if one brought ideas to Council and spoke at the Paticipation portion of a Council meeting the Mayor would only go up one side and down the other side of the speaker if ideas that were presented didn’t fit with HIS vision for OUR town. This is just one example of the many future issues that we’ll have to deal with as this Mayor and Council continue to blindly encourage rezoning and development in areas that impact on established uses and amenities. Wait till Happy Valley Road expands to a 4 lane highway as proposed by this Mayor.Yes,”full speed ahead ,damn the torpedoes”!!!!!
tick tock
Anonymous said
What about the other law sute that zoe lost
Anonymous said
In most one horse town’s, council would simply pass a noise bylaw with substantial fines while a developer buddy made a low ball offer for the track.
Problem here is that the Willie family has money and influence and things aren’t quite as easy.
If it were me, I would rachet up the volume as high as I could until council and the developer gave me what I wanted.
tree hugger said
Regarding the failed lawsuit that Zoe Blunt filed against the City of Langford,it appears that her group should have likely challenged the way the rezoning process works in Langford.It is said that many of the rezoning conditions evolve as a result of discussions directly between the mayor and the developer.IF that is the case how can the mayor and council be impartial when considering rezoning applications at Public Hearings.And how difficult it must be for our elected councillors to question aspects of a rezoning proposal,whether he attends the Public Hearing or not, knowing that their Mayor may already have his mind made up about whether or not to approve the rezoning application well before the Public Hearing and final reading of the bylaw. It is my understanding that this is not the process that the drafters of our Municipal statutes had in mind.If this is indeed the way the way the Skirt Mountain rezoning evolved then Langford’s rezoning process is basicly a “shame”
Anne Onymous said
Dear Treehugger,
If you are confident in your understanding, and have firm reason to believe that Langford is not following the process that the Provincial Government has laid out for Municipal Government with respect to rezoning in the Local Government Act, then you may, as Ms. Park/Blunt did, challenge the City’s rezoning process in Supreme Court. It is exactly the process of rezoning, and not the result of the rezoning process, that Blunt/Park and VicFan challenged. Their petition was for a judicial review of Langford Council’s actions. It would appear that Madam Justice Fenlon does not share your opinion that the City of Langford’s process was or is out of line with the Local Government Act’s requirements.
Living the Speedway's Lifestystle said
In response to the request for constructive ideas to help(at least temporarily) residents deal with excessive noise from he Speedway/Western Motorcross….
Local residents have presented many ideas to the city. To date, the city has completely ignored attempting to implement any of them. Some of the ideas…
1) Have the Speedway limit their use of the track to their traditional use (2 days a week);
2) Have the Speedway post on their web site when the track will be used (practices and race nights). This way residents can leave the area when they know the speedway will be in use.
3) Shut down the Western Motorcross. It is very load, has no traditional long term pattern of use, operates year round, and generates almost no money.
4) Reduce the maximum noise level generated by the Speedway to 85 decibels, which is a standard in many tracks around the world that are impacting adjacent neighbourhoods.
5) Build a sound wall on the side of the track facing Skirt Mountain.
6) Stop removing rock outcrops from the Speedway site, as they are reducing some of the impacts of the noise.
7) Offer the most impacted residents a tax reduction to help pay for upgraded sound proof windows. This approach has been used in other parts of the world.
Observer said
Thanks for that info. Tangible and workable ideas are the best use of our energy!
Have all these ideas been submitted in writing to the City of Langford? Have you received a written response back?
Also, has Bylaw Enforcement been contacted? To my understanding (please double-check with Bylaw),if there is a noise bylaw in effect, then every time Western Speedway does not comply, the neighbours can log the dates and times. If there is a regular pattern of this, then Bylaw can bring it to a judge who can then fine Western Speedway etc.
Has there been any official sound testing done? With the results on paper? It would seem reasonable to me that no matter what your opinion of Western Speedway,there should be a maximum decibel level anyone should have to endure,especially if it is controllable.
One would hope that Council would really want to sink their teeth into this one.It would show not only good leadership and management, but also help build a reputation as proactive problem-solvers.Regard for the impact of their planning decisions on actual residents is not what they are reputed for.This could give them the opportunity to change that.If they cared to do so.
cindy said
If you dont like it then move,,,thats what me and my husband have always had to do….example
pot smoking in condos, strata does nothing about it…three brand new units that we have lived in. also meth labs,,,in three high end condos in goldstream/langford area…yes they were all busted, but how do these people get the approval to rent in the first place.
tick tock said
i know that in other Cities that they require the developer to register Covenants on new residential projects that are being developed adjacent to noisy commercial or industrial sites. I understand this is done not only to let purchasers know about the conflicting uses in the neighbourhood but also to ,hopefully, reduce or eliminate any lawsuits taken against the City by residential owners. I would say that in Langford a court challenge might well be successful. No wonder Stu is uncharacteristicly keeping quite on this one!!!!! Another big bill for the taxpayers??
tick tock
Anne Onymous said
Tick Tock,
That is interesting free legal advice that you are dispensing. Are you a member of the BC Bar Association? Where did you study Law? Perhaps a more interesting question is what leads you to your unsubstantiated conclusion?
Charles A. Pash said
Seems to me the Speedway has been there for at least two generations. ( I hear it too).But after 10:30 it’s all over. It sort of like building next to an airport and then complaining, learn to ignor the racket unless you have lived here befor the speedway you should keep yourself under control.
Chas Pash resident Langford 54 years
Beavous said
I just bought a condo on Peatt Road and I can hear the train go by, anyone want to jump into a class action lawsuit with me. Surely I would have the same rights as pepole around Western Speedway.
tree hugger said
You probably would if the train stopped adjacent to your condo and revved it’s engines for 3 hours!!! Bad example that you gave. I still believe that the residents do have a somewhat legitimate point and that the fairiest way is to take it before a judge to consider ,objectively, the points made by both sides. Like i mentioned earlier,and you can check the law library at Uvic if you like,and i believe you will find that there is precident here in that municipalities do have a duty of responsibility and care when rezoning land to take into account that significant conflicts are not established between existing surrounding land uses and the rezoned lands. Let’s wait and see what a Judge has to say. It will be an interesting case.
tree hugger
Observer said
Beavous,
I do not believe that the train going by twice a day is a fair or adequate comparison to the prolonged level of noise that Western Speedway makes.
I was hoping for a conversation where people could brainstorm ideas ( some good,some not) and possibly come up with a workable solution.
Thank you to those who contributed to that.Sorry to see those who live by the adage:
“I’ve tried nothing, and I am all out of ideas”.
By the way, I do believe that Western Speedway should stay. I just think that there can be some understanding/compromise.It has been done in much much more complicated scenarios.It just takes effort.And I believe that is our Mayor and Council’s job.Too bad they are not doing it.
walfred road resident said
Perhaps TreeHugger and Observer should pay attention to what is happening on Walfred Road, where the Mayor and Council seem to have no problem with approving more than one gravel quarry for 5-10 years in the middle of what was a lovely treed upscale residential area. The constant blasting and crushing is destructive to the entire neighbourhood, affecting air quality, basic physical stability of surrounding trees and properties, and ongoing quality and appreciation of daily life for the entire larger neighbourhood. Although this was repeatedly before council, they are quite happy to pander to developers in their quest for more tax dollars at the expense of residents. Don’t look for help from that quarter, at least with this present council.
tree hugger said
I believe that all citizens have the right to reasonable quiet enjoyment of their property whether or not this is not occurring due to private or public actions .If i was in your place(Walfred Road Resident) i would research when,why and how that use was commenced in your neighbourhood and then obtain the opinion of a solicitor to determine if your rights have been violated.If this is a possibility then officially contact the Langford City Manager to discuss the issue and then decide, based on that meeting, on how to proceed from that point on.
If the blasting is a result of the preparation for the construction of residential buildings consistent with the zoning of the lands then you will likely have to “grin and bear it” On the other hand, if the blasting and crushing are consistent with running a business on lands that are not zoned for that purpose,i believe, you may have a legitimate challenge. Also,if the crushing is a consequence of the blasting for the residential building,again, you may have a legitmate issue as ,i understand, that a permit must be issued by City Hall. I believe that before any Permit of this type is issued the impact on the reasonable quiet enjoyment of adjacent property owners should be seriously considered.
The above is just my personal thoughts. If you wish to followup , i highly recommend you seek the advice of a solicitor…..just not the City’s solicitor!!!!!
Walfred Road resident said
Be assured all of this went before council and the city manager. All permits were issued to allow temporary (5 – 10) years. Many people also spoke at both the bylaw meeting and the general meeting. Again, if a developer needs anything from the city of Langford, its fair game. Neighbourhoods don’t have unlimited resources or time to fight everything, and they count on that. Unfortunately until it affects YOU, no one pays attention. Good luck to the citizens of Langford if this council gets in again and they will have 3 more years to destroy the community neighbourhoods that are left.
Quiet Living said
Langford really should start to listen to it’s residents concerns. Perhaps all those affected by poor zoning, ie; Western Speedway noise, rock quarrays ect.. should launch a unified Class Action Lawsuit to force them to either change polices or resign to make way for more level headed planning taking into consideration ALL of those affected, no just what the developers want. West Shore a healthy place to live? Don’t think so!!!!! Time is NOW for change!
Healthy Westshore???? said
One thing that I noticed that is never mentioned is that noise does not just cause possible hearing damage. A quick search for “noise and effects on health” will find a lot of new research linking noise and may healh risks, from hypertention, low birth weights, stress linked to cariovascular problems and much much more. Its not just a matter of being bothered by Speedway noise (it now runs year round, drifting all day Sun Nov28th) and rock quarrays ect. I think is a public health issue now as well. So it looks as if the Class Action may have alot more weight than some may think. I’m on board!
walfred road resident said
Perhaps you will have more success trying to get the city of Langford to commit to having ANY sound and noise restrictions that can be actually measured. They seem to have no concern that they do not have measurements of any kind in their noise bylaw and piggyback on the CRD noise bylaw restrictions and wording, yet only cherrypick which ones they will use. Perhaps going to CRD Public Health officially for a response might assist you. Good luck.
This, again, is the type of issue that Langford residents ignore until they are directly affected. Good luck to us all with that lack of community commitment.
FYI said
Just though I’d let anyone who cares that mines and quarrays are to only operate 8-5pm mon-fri. That being said one of the quarrays on Millstream in the All Fun Agrigates area have been running till well past midnight Nov 29 +30th. No surprise its all part of western Speedway who have proven that they do what the want when they want. And Langford bylaw does nothing about any noise issues. How much longer can a city be run like this?
walfred road resident said
Isn’t Matt Sahlstrom, Langford councillor still affiliated with Western Speedway?
FYI said
I’m not sure about Matt Sahlstrom’s involvment with Western Speedway, would no surprise me. I did hear the Stu Young actualy lives in Sidney. Not sure if thats just a rumor, if true he should step down.
jeff said
Oh geat another attempt to close down a race track! Nobody cares when acres of land is cleared to make way for a Ice rink or ball field???? Well some of us play a diffrent kind of sport! ya it`s loud smelly and dangrous. but it`s sure exciting to watch! So instead of sitting on your poarch dwelling over some noise come and join in the fun! Crazy I bought a home next to a railyard guess I should get the neighbours together and shut it down! Stupid hey??
Anonymous said
The BS & gossip that shows up on this site is pathetic.
walfred road resident said
I have no problem with Western Speedway and agree when you move into a neighbourhood, you accept what is there. On Walfred Road, we did not move into an industrial centre with a rock crushing and selling quarry for up to 6 years with approval to apply for longer. For Langford to allow this situation (and others, such as Tower Fence on Goldstream) to change usage “temporarily” disrupts and destroys beyond repair. For Langford to approve this usage in what was once a peaceful, treed jewel of a residential area in our city, one can only accept that residents don’t matter, just their business friends. I challenge anyone to suggest the residents are being well served with this type of municipal decision making. And PLEASE do not pull up the old chestnut of “we must provide houses for people”…. there are many, many vacant and flat untreed areas in Langford that can be infilled before we take down another forest!
Stan said
Hey Jeff. Whens the last time you heard a ballpark or Ice Rink from a few miles away? all times of day and night? You even admit its loud and smelly, but as long as some like it screw the rest of us? Also what does clearing trees have to do with a noise issue? This is still a City of Langford problem, development at all cost, ask the guy who’s house was damaged by the rock slide, did the city even check to see if development was safe in the area? Another example of Langford’s failure to protect its resident’s safty and quality of life!! Healthy Westshore indeed!
walfred road resident said
to “anonymous”…please explain what is gossip? I am not reading gossip? Perhaps you could drive up Walfred Road and view the massive rock quarry and forest devastation, or drive by the fellow with the massive rock in his house, or camp out beside Western Speedway and try to sleep, or perhaps live beside a rock crushing machine, or perhaps live on a street with massive potholes, plugged ditches and ongoing patching due to lack of funds( perhaps saved for the fountain?), or drive down Happy Valley Road and see the farmland being covered by tiny streets. These places are real, not gossip.
Anonymous said
Regarding the comments about Matt Sahlstom and Stu Young.
To the best of my understanding, Matt Sahlstrom is no longer involved with Western Speedway ( has not been for a while now) and the Stu Young who resides in Sidney is the Mayor’s son.
If I am wrong please correct me.
Anonymous said
WRR : “Isn’t Matt Sahlstrom, Langford councillor still affiliated with Western Speedway?”
FYI “I’m not sure about Matt Sahlstrom’s involvment with Western Speedway, would no surprise me. I did hear the Stu Young actualy lives in Sidney. Not sure if thats just a rumor, if true he should step down.”
How’s that for two examples of BS & Gossip
Anne Onymous said
Also, suggesting that someone should step down because they live in another jurisdiction (see: FYI’s comments above) smells of BS and only serves to continue a common misconception. There is no “residency requirement” in part of the Canadian democracy. The Mayor is duly and democratically elected, and it would not matter if his house was on the moon. I would have thought that the moderators of this site would have at least a basic grasp of the electoral principles in Canada.
ian phillips said
I couldn’t agree with you more Walfred Road resident.
I’m an engaged citizen just like you and no matter how much our Council does to successfully promote realestate development in our community it is now obvious ,for everyone to see, that they fail miserably when it comes to addressing the the basic core responsibilities that they are obliged to manage as outlined in the Local Government Act and other Provincial Statutes.
For instance,starting about 4 years ago i attempted to bring attention to their lack of attention to the maintenance and upgrading of our local neighbourhood streets and was met with a verbal attack by the Mayor( as an example, our local street is breaking up and in a couple of years there will be nothing left of it. Numerous potholes are filled every year and now it is to the point that patching is not working as the entire road has deteriated).
And just recently i spoke with an engineer at City Hall to raise my concerns that the City has not been adequately planning for heavy rains and that severe flooding could occur.No interest in what i had to say ,at all.We have ditches and culverts that have not been inspected or maintained for years and more importantly there are few if any storm drains in the areas where all these condos are being built with paved parking lots. Where is all the water going to go when we get a 50 year storm?? The documents registered on the title to these sites say that the City has no objection if the flooded private lands overflow into the adjacent public streets!!! Is this the way to plan “liveable cities”????
And based on the recent 5-year plan the City will be reducing the amount it “earmarks” for infrastructure maintenance and the City acknowledges that there will be a decline in revenues over the next 5 years and perhaps beyond.
The future costs to address these deferred maintenance obligations will be enormous. We need to prepare an adequate plan now and start dealing with these oversights immediately or this City will be in one heck of a mess in the not to distant future.
As concerned citizens of Langford we must not only praise the wonderful work our elected officials have done but also continue to let them know that a balanced approach to managing our money and our community must be undertaken before it is too late.
Anne Onymous said
Anonymous –
In this matter, it does not matter whether you are right, or wrong. The underlying assumption put forward by FYI is flawed. There is no “residency requirement” to hold municipal, provincial or federal office. That would be un-democratic.
Anonymous said
The real Stu Young lives in Vegas!
Steven Hurdle said
You’re quite right that there’s no residency requirement in Canadian law, and the moderator of this site definitely understands that. It is a convention in Canadian politics that you are expected by the public to live in the jurisdiction in which you run, but there’s no law or regulation to that effect. There are exceptions to that though, Victoria residents seemed to accept Bob Cross living in Metchosin while being mayor of Victoria.
Inside Langford doesn’t seek to fact check every comment left on the site, and in part that’s because other Inside Langford readers have been happy to do that for their peers in the past. There are certainly detractors of this site who have left comments here that I strongly believe are factually incorrect, but I believe in their right to make those comments here so long as a reasonable level of decorum is maintained.
Anne Onymous said
Steven Hurdle wrote: “you are expected by the public to live in the jurisdiction in which you run”
From my observations, this expectation of which you speak must be highly variable among Canadians. Perhaps so much so, that one could hardly call it a “convention”. There are so many examples throughout Canadian history (as well as recent local history) of elected officials NOT living in the jurisdictions that they represent that I wouldn’t even know where to begin. How about Sir John A. MacDonald?
walfred road resident said
Regarding residency issues. It is not important that a person live within specific boundaries in a small city like Victoria. What is important is that an elected official maintain significant interest in ALL aspects of their jurisdiction, and represent, and appear to represent ALL citizens in a balanced and unbiased manner, for the best interests of all. As well, all elected officials should attend as many meetings as possible, not regularly passing on that role to others. These expectations are what taxpayers hold and deserve. If someone is not able, or not interested in upholding these basic requirements, they should not hold or run for office.
Steven Hurdle said
A few comments ago “Anne Onymous” you referred to it as “a common misconception,” and it’s that common misconception that has people expecting their politicians to live in the jurisdictions in which they run. And while anyone can point to exceptions, those exceptions are pretty rare (just a few percent of all politicians in Canada, from what I understand). When John Bergbusch was living in Colwood but seeking the federal NDP nomination in Langford, I am told he offered to move to Langford if he was granted the nomination. So while there’s no rule, and there are exceptions, living in the jurisdiction is considered a definite asset and is expected by many voters.
I don’t think politicians should be barred from running if they don’t live in the jurisdiction they want to hold office for, don’t get me wrong, though I do think living in the community is a definite asset when it come to representing a community.
Track Neighbor said
My property borders that of the All Fun Recreational Park. I’ve lived here since 1992 and have never had an issue with the facility or its operators. Year after year they do a better job at providing entertainment and a safe place for folks to have fun.
I often hear of folks trying to paint Western Speedway and the former track at Cassidy with the same brush. They are very different in that Western Speedway operates on land that is zoned Commercial Recreational. Cassidy was zoned legal nonconforming. That’s how it got shut down.
The folks that are running All Fun are doing nothing wrong and should be allowed to continue to do so for another 50 years. If you don’t like it, you can always move back to where you came from.
ian phillips said
I don’t think that the neighbours that are complaining have their issue with Western Speedway per say, but rather with the City of Langford. It was Langford that approved the massive residential zoning adjacent to a existing use that at times creates an unacceptable nusiance. My understanding is that the Court challenge is with Langford for not communicating this ,in some way, to purchasers and not enforcing its noise bylaws. From what i’ve read here and in the papers ,both side have made some valid points. It’s going to be a very interesting outcome.
Just a point of clarification. There is no such zone called “legal non-conforming” In the Cassidy situation it is likely that the use of the track was in place and being used before the lands were zoned,likely for a different use. At that point,even though the track did not comply with the new zone it retained it’s legal right to continue but was classified as non-conforming. When a property is “legal non-conforming” within a zone there are certain requirements imposed upon it in order for it to maintain its non-conforming rights. If ,as you say, the authorities shut it down, it is likely because it failed to maintain its non-conforming status. A non-conforming use is usually referred to a use on a piece of land that was introduced contrary to the uses permitted in an existing zoning bylaw.
Alan said
I find it pretty funny that track supportes consantly say “if you don’t like it just move” as if it’s like changing your socks, no big deal right? I think when push comes to shove it will be the track that will just have to move. Think about it with all the development in the area does the track think that all the residents will just pack up and move? Also to be clear the track can be heard for several kilometers and can be heard by thousands of not so nearby residents. The track will either close or move, its just a matter of time, it’s happening to small tracks all over the world. If the track want’s to stay in operation they will have to construct some kind of sound barrier, but it is just scrapping by so it does not have the funds to change with the times. It will close or move it’s just a matter of time or the city will be sued for not enforcing the noise bylaw, most likly lose then pressure the track to close.
Anonymous said
I think your missing the point Alan, I would be willing to bet you moved into your property long after the Speedway was there, How can you possibly move into an area then complain about what is around it,You chose to purchase in that area suck it up and quit your whining!
Danielle said
The City of Langford’s council is the real culprit hear. They promote people to move to Langford and “Live the Lifestyle” and do not warn them that there is a race track in their neighborhood that generates as much noise as often as it wants. Then when residents complain the council completely ignores them and cite “buyer beware”. So, council approach is: We don’t really create good neighborhoods, we just say we do, and if you don’t like it then move. This approach will not make Langford a progressive community where citizens want to live.
Clearly, the future of Langford is residential development, and making good communities where people really want to live. A noisy, polluting racetrack and adjacent motor cross track do not fit this future.
Alan said
I would have to say “Anonymous” is missing the point. So going by the “we were here first ” thinking the at least the Motocross track should be closed I was “here first” it’s only in operation for a few years. The city of Langford approved the MX track knowing about the noise problems from the speedway, also approved the Big Sky concert, so instead of dealing with the problem they are making it worse. That is why when legal action is taken they will lose. Just a matter of time….P.S. Why do all most all the cars, trucks ect. have to be soooo loud? The race on Sun Jan 16 was not too loud, so why not make all the cars that quiet?
Track Nieghbour said
Sorry, but I really have a hard time understanding these threats of a frivolous lawsuit against the City of Langford.
The speedway property is properly zoned as Commercial Recreational. It always has been. That means they are entirely within their right to run their business, which happens to be a motorsport facility. If they want to build a motocross facility like they did, they are entirely within their right to do so.
Surely each and every property owner beyond the speedway (that would include everyone on Skirt Mountain) drove by the track and would have seen the big Western Speedway sign when you were looking at your future new home. It is not within the City of Langford’s mandate to notify potential property owners of surrounding properties, their zoning and uses. It the buyers responsibility to do this before they invest over half a million dollars in their homes, don’t you agree?
If anything, the track operators can be said to be working with the community. Races are ending earlier than they ever have been. Noise restrictions have been put in place. Not to mention what they put back into the community with the Island Truck Owners Christmas truck parade, Cops for Cancer and Fireworks you enjoy for free just to name a few.
By the way, if it had not been for the speedway, what would have happened to all the traffic in your community and where would everyone have parked for major events put on at Bear Mountain, like the Telus Skins tournament.
You really need to take responsibility for your purchase decisions and quit blaming others. That aside, welcome to our community, where motorsports has been a part of our heritage since its inception. Stop by the tack some Saturday night. You’ll find it not only great value, but excellent entertainment for the entire family.
Sleepless in Langford said
Are you living in an area that has turned from a quiet residential paradise into an incessant parade of industrial vehicles? According to Langford city Bylaw 617 and corresponding Schedule A (map), industrial vehicles of 3 axels or more, must use specifically designated roadways, not residential streets. Any comments or insights?
Dave said
Response to “Track Nieghbour” from what I can read into your post western speedway is responsible for the Light Truck parade and Cops for Cancer? so they get credit for these events? I’m sure the real creators whould have a problem with that. Also the “Events ” we all get to enjoy for free? So following your thinking when a loud neighbour has a rockin party at 4AM should you go over and thank them for letting you hear the music for free? and what if they lived there first? you have no right to say anything? And finaly the City of Langford is not enforcing the noise bylaw, if the noise bothers more than one (and there are may more than one!) then the city must act according the the Noise Bylaw, but they have not done anything. So you don’t see any problem? I would have to agree with “Alan” the tracks days are numbered, same can be said for Langford’s City council, I hope!
Walfred Road resident said
Good luck with Langford and their noise bylaws.
They don’t seem to have, any real standards of noise, specifically what are acceptable decibles or how to measure them. Try to get that specific information. We tried regarding the massive blasting and crushing on Walfred. A lesson in frustration and lots of blank faces. Still waiting to see the noise and air reduction plan from the developer and Langford……6 months later.
Douglas said
I also totally disagree with track neighbor….
The City of Langford has a noise bylaw that is supposed to apply within the city limits. If the city has no intention of enforcing the bylaw then they should notify all property owners on the homes State of Title Certificate. Regarding the Speedway’s supposedly noise limit, when I question Darrell Midgley (the track manager) about this he said it was just a guide and not really a limit.
It is hard to believe that many of the track supports think the solution is for all the residents who don’t like the noise to leave. Do they really think that is going to make Langford a good community, and a city that can attract people and businesses that pay taxes for schools, roads, etc.? Do they think telling people to get out is going to help their real estate values? When the Speedway was built 50+ years ago it was in the middle of nowhere. While not anymore, Langford has grown and now the Speedway sits in the middle of a residential neighborhood.
Jeff said
Walfred rd resident is right Langford bylaw are dropping the ball on may issues. Perfect example is the house that rock wall slammed into, the owner contacted the city many times but go no response, but the city was there the next day to tell the owner that he can’t live there, so the owner has no option but to sue the city and others. I think a lawsuit is the only option when the City of Langford is not enforcing noise bylaws or many other bylaws that they obviously deem not important The real issue seems that the city has forgotten that they work for us! Not for developers or their favorite businesses , or buddy’s. Maybe it’s up to all of us the remind them who they work for.
Cindy said
I find it pretty strange that we are all reducing the carbon footprint in are everyday lives, even going so far as banning ideling ect, but a racetrack can stay in operation for 50years!! and pollute the air and ground water without any thought of the damage being done. Thats pretty ironic that the Westshore is said to be a healthy place to live?????????
Anonymous said
I drive a extra large diesel 4 x 4, and I burn wood in my fireplace to heat my home, and damn proud of it. It may make you feel good inside to preach about your carbon footprint but the truth is unless China, India and the likes make some serious changes, which is not going to happen, nothing we do to reduce our carbon footprint will ever make a bit of difference to this planet.
Carbon Credits: Biggest scam ever
Best Driver ever at Western Speedway?
Ann Onymous said
Cindy, you are correct. But the world is full of such ironies. Perhaps rather than pointing out the obvious, someone would like to take a realistic stab at a real solution to the problem. Suggestions? Anyone? Ok, I’ll begin, then. The land use cannot be legislated out of business by changes to local bylaws. Provincial laws protect them from that. Therefore, the change must occur at the senior levels of government. This discussion seems to like to dwell on Langford Council and the local election in November, but it seems to overlook the other two governments and their election schedule.
HHH said
The lease is coming due,the track is finished.
Soon you’ll have to find something else to whine about.
Observer said
My understanding is that this site is for those interested in discussing local news and being able to express their views. I do not consider this whining, and do not understand the previous poster’s desire to be on this site if this is how they see the rest of us.
Seems odd to me.
Alan said
Lease Due, track finished? First time I’ve heard that. Has anyone else know anything about it? Nothing on the speedway’s web site…
Anonymous said
Western Speedway is alive and well with a full schedule for 2011! It is not to late to list your house and have it sold before race season.
Will said
No Anonymous… it’s time for us to join the the Class action Lawsuit and force the City of Langford to enforce it’s noise bylaw. I really don’t get most track supporters thinking that this kind of attitude will just make all the residents within 10km+ of the track will just up and move. If I saw that something I enjoyed ie: the track, was endagered I would want to keep it going and tell the track to adapt to new times, but no it’s just F#$% You and move, like that will happen! Why does the track have to make so much noise?, you can go to a car dealership buy a 200mph car that is no louder than most street legal cars? Well I think the tide is changing people are getting sick of noise all day and night pretty well seven days a week for 9 months of the year. Its been sooooo nice the last 2 months to have peace and quite after a long days work, imagine that Quiet Enjoyment of one’s home, that would make a great law!….wait IT IS!! . THE TRACK WILL BE FINISHED I hope its very SOON.
Anonymous said
Actually Will the speewday runs for 6 1/2 months not 9 months, I only see acouple of whiners om this forum it does not appear to have a lot of support. Do you have any idea how many people enjoy the Speedway and have done for close to 50 years, Why did you not consider where you bought before you purchased your home?
And as far as the Speedway telling people to go F#$% themselves nothing could be further from the truth the Speedway is is workng with Langford to abide by the rules, The bottom line is there is a Speedway there, It has been a part of the community for a long time and intends on being there for the forseen future and being the best neighbour it can.
Will said
Well actually “Anonymous” the track runs year round now. You use the term “whiners”, you are just proving the point about most track supporters. Lots of people enjoy crack but thats not right is it? Everyone enjoys peace and quiet, when have you ever said to yourself, gee its just too quiet I wish someone would make some noise? I know from personal experiance that the “track” does not care about the nearby residents, is it that you work for the track? All things come to an end.
Anonymous said
The year round events are once a month with street cars I am sure they could not even bother a tight ass like you
Anonymous said
All it will take is everyone to call the City and complain when there is excessive noise, which is everytime the track operates. You will be surprised how responsive the City will be during an election year. And when you start your class action law suit add mining without a permit to the writ because that is what has been going on for years.
Track Neighbour said
This blog is becoming quite entertaining.
Why call “the City” when they are closed > because that’s when the track operates.
Are you implying intimidatation of Council candidates by your comments?
Did you inquire as to if the property owners have a permit for their operations? I would suggest you have not.
You know all this talk about “noise” and “disruption of peace and quiet” is quite amusing. It comes from those who live in houses that were built by developers who have disrupted my peace and quiet for the last decade.
Talk about the pot calling the kettle black! LOL
Charles A. Pash said
This law suit will not work unless the whole provincial goavernment wants it to. The Western Speedway will be there forever it has a provincial mandate in perpetuity. So Lets suck up and grin and Bear Mountain It.
Chas Western comunities resident 58 years . Winnipege 16 years befor that
Anonymous said
I’ll make it easy for you Track Neighbor,
now pay attention:
Direct from the city website:
“For Bylaw Enforcement after hours, please call 857-0400″
No permit, also from the city.
no need to thank me,
Anonymous said
Re: Charles A. Pash comment????? I don’t think you know what you are talking about? What does the provincial gov. have to do with it? So if the track can’t afford to run anymore then the BC gov. will bail them out? Maybe the health authorities should get involved, Noise has been shown to cause all kinds of heath concerns not just hearing loss, but as long as track supporters are happy who cares right? even if its at the expense of others. If the city can change the zoning of the cement plant on Goldstrean it can happen to the Speedway. That cement plant provided $20 million in taxes and 150 jobs, I know the track has nowhere near that kind of economic impact on the area, they bearly can keep the place running.
condo hunter said
If you are holding a rattlesnake and it bites you one cant hold it against the snake…you knew it was a rattlesnake. Having said that I would like to avoid a potential ‘rattlesnake’…looking at the condos at millstream called LaVie…so can the racetrack be heard at LaVie condos/Treanor avenue area?? Better to be informed…
James said
What is really sad is the Langford council doesn’t step forward and take leadership on this issue. Instead they sit on the fence by promoting the Speedway and Motorbike track while also telling people to move to Langford to “Live the Lifestyle”.
Funny the city doesn’t see the future,,,,making Langford a great place to live where you can sit out in your yard during the summer. Instead residents have to barricade themselves in their homes due to the noise from the Speedway and bike track. Does city council really think this will lead to a prosperous community?
The track will never ever generate as much revenue for the city as residents and the many businesses they attract to the area (costco, home depot). If council doesn’t start taking a strong position on this problem and truly look for solutions, then people won’t move to the area affected by the speedway noise and Langford will suffer as a result (less tax revenue, lower house prices, less development).
Ann Onymous said
Anonymous (no relation) suggested that the City of Langford changed the zoning of the cement plant on Goldstream Avenue, thereby forcing it to leave town. I don’t believe that this could possibly be true, as the Municipal Act protects legal land uses from local governments changing their zoning and land use regulations. This is grandfathering. I believe that Western Speedway is a legally operating business, and not grandfathered. The cement plant, on the other hand, must not have been a legal land use. Could the moderator look into this, and explain? Or stop allowing false and misleading information to be published here. It is not helpful.
Also, the Province controls a lot of things that might impact Western Speedway. Vehicle Licensing, Health, and Mining just to name a few.
walfred road resident said
Don’t expect any action from by-law officers or planners in Langford. There is one house currently being built where a separete building with suite is currently being added, contrary to what has been approved. When this was pointed out to the engineering department, they say their hands are tied, and they can’t/won’t do anything until AFTER it is built and someone complains??? What message does this give to future developers and importantly, to people who are paying fees and following the rules. Do what you want? Lets hope the follow-up actions of Langford will improve(including taxing the building with a suite? and hope the owner declares the revenue….yeah right)
Steven Hurdle said
Ann Onymous, Inside Langford’s commenters have a strong history of correcting each other’s mistakes. No moderator can be expected to know every fact, or the answer to every question, but as the name suggests the moderator’s job is to moderate (as opposed to fact-check) the discussion. That said, I do weigh in from time to time when I have something to contribute that hasn’t already been said by someone else.
With regards to the cement plant, I have attended several Langford Council meetings where the issue has come up, and have had discussions with both the operator of the cement plant and his staff, plus several neighbouring groups. What I have gathered from those meetings and those discussions are:
- the property is actually a few adjacent properties that were purchased, and one or more of them were legitimately zoned for cement production
- the cement operation has expanded outside the footprint that was originally zoned for cement production
- the cement operation was originally on the West side of the group of properties, but now occurs on the East side of the property in whole or in part (which was originally not zoned for cement production)
There are many claims and counter-claims from all sides in this issue, but it seems that the above three points are generally agreed to by everyone.
Charles A. Pash said
The track at Western Speedway is legislated in by the provincial government over 50 years ago. It can only be removered by legislation by provincial mandate SO-o-o I do know of by what I speak. There has been problems with the Cleanlinest of the Mill stream Creek. Taking down the water slides enriched (shall we say) the sounds from the speedway along with the mining of gravel and cutting down of trees. The Speedway is there forever. The other stuff quesstionable
Anonymous said
Re:condo hunter “looking at the condos at millstream called LaVie…so can the racetrack be heard at LaVie condos/Treanor avenue area?” The Track can be heard for several kilometers! From Luxton to Prospect Lake! and not just Sat nights, there is drifting, motocross, drag races, pratices, jet cars, concerts, monster trucks, private track rentals and of course regular races. They have started already last weekend and will run till the end of Oct! when in full swing the noise will start at about 9-9:30am and will go till about 10:30-11pm! on Sat. ALL SUMMER! I know because I live about 1km from the track, we bought in winter, had we known how loud and how often we never would have bought anywhere near the track, I would stay at leaset 10km away if I were you. Don’t beleive track supporters that say it’s not too loud too often, thats BS. Langford should get ready for a lot of complaints and do something about it! WERTERN SPEEDWAY IS NOT EXEMPT FROM THE NOISE BYLAW!!!
Charles A. Pash said
quit true’ however as it still stands “buyer Beware” I hear
it also I’M about 3 K’s away. Do something else that night.
And I agree they could be more quiet. It will be along and frosty friday before we see electric cars racing, but it will come and it will be a lot less expensive for the competitors.
Anonymous said
Re: Charles A. Pash’s statment..”Do something else that night” You mean everyone should leave their hard earned home everytime the track is loud? Well I konw if we are to do that we would never be at home unless its in the winter when it nice and quiet. The track has already started with drifting a last Sun. started @ 10am ran all day. Noise bylaw? is it a bylaw if it never gets inforced? We all have the right to enjoy your home, and that right is protected in the criminal code of Canada, not sure how Langford is exempt from that law???
Proud Canadian said
A right to enjoy your home? Protected in the Criminal Code of Canada? That is the most absurd thing I have ever heard. Canada does not have property rights, and they certainly would not be enshrined in the Criminal Code. Wake up people and use your brains before you type.
Anonymous said
RE: Proud Canadian. “A right to enjoy your home? Protected in the Criminal Code of Canada? That is the most absurd thing I have ever heard” The following is taken from The Canadian Bar Association website…..”We’ve all had our peace and quiet disturbed by squealing tires, loud stereos, barking dogs, or noisy equipment. What can you do to stop it? First, try talking to the person causing the noise. They may not realize how irritating it is.
If that doesn’t work, call your city hall and ask if there is a noise bylaw. If there is one, talk to the person who enforces it. For example, in Vancouver, you would call the Environmental Health Officers. Each municipality’s noise bylaw is different, but most are quite broad. In Vancouver and many other municipalities, the bylaw covers noise from animals and birds, heavy-duty equipment, lawnmowers, loud parties, stereos and many other things. Usually, the municipality’s enforcement officer will try to solve the problem informally. If they can’t, they may prosecute the person in court for violating the bylaw
If the noise is on a weekend or at night, and city hall is closed, you can call the police. And if a person is screaming, shouting, swearing or singing to the point they are creating a nuisance, they may be causing a common disturbance – an offence under the Criminal Code. In all these cases, call the police and report it. The Criminal Code is available at http://laws-lois.justice.gc.ca.
Your can also sue the person causing the noise. You could sue for damages for nuisance or negligence, or ask the court to order the person to stop the noise.” or just do a web search for “quiet enjoyment”. So just because you don’t something does not mean it does not exist.
Proud Canadian said
Anonymous-
I apologize. I didn’t realize you were merely talking about individuals causing a disturbance in a public place. I thought that this thread was a discussion about what could be done about noise from the racetrack. You stated in your earlier posting that “we all have a right to enjoy our home, and that right is protected in the Criminal Code of Canada”. That is far different than the direction you are now taking in your last posting. The facts are:
1. You have no constitutional or legislated “right” to enjoy your home,
2. If you did, it would be enshrined in the Constitution or Bill of Rights,
3. The Criminal Code makes it an offence to cause a public disturbance as you have described,
4. A public disturbance must be a made by a person in a public place (yelling, shouting profanities etc.), and does not include racecars.
5. The City of Langford is not mandated to deal with criminal offences. Therefore Langford is not exempt from anything or sidestepping any responsibiilities if you are truly speaking about the criminal offence of creating a public disturbance.
As for the noise from the racetrack, you have no more of a “right” to enjoy your property than anyone else has.
Don’t believe me? Read your the Constitution!
Proud Canadian said
Correction:
I should have written “and does not include racecars on private land that is appropriately zoned”
My apologies.
Anonymous said
Hey Proud Canadian…”If you live in a rental building that allows smoking in the units, and smoke is entering your home, there are no clearly defined laws that will protect you from the dangers of second-hand smoke. Under the BC Residential Tenancy Act, tenants have the right to quiet enjoyment of their home. This includes the right to be free from being disturbed by other tenants. While the Act does not mention second-hand smoke, you may be able to prove that the drifting smoke is harming your health and well being, and therefore the loss of quiet enjoyment of your home.” This would apply to noise as well…. I hope this is clear enough regarding “right to quiet enjoyment” Again the “track” IS NOT EXEMPT FROM THE NOISE BYLAW!! Not sure how much clearer this can be made.
Proud Canadian said
Anonymous:
I never suggested that the track was exempt from a noise bylaw. Merely, that there are no such things as property “rights” as you originally stated. What the provincial government has included in the Residential Tenancy Act is not a right of property, but rather the right of a person in a renter/landlord relationship. Perhaps if you think that you should have a “right” to the quiet enjoyment of your home, you should lobby the Federal Government and the Provincial Government to change the constitution and Bill of Rights.
Lee said
Taken From Sannich Police Site….”Hi there, I have viewed the Saanich Noise Suppression Bylaw. I did not find any time parameters concerning private property. We have a disagreement on time when things should be quiet, could you direct me to something that outlines time parameters for weekdays and weekends?
Saanich Police reply: Annette, thank you for visiting our Web site. You are not alone in your question. I assume you are not talking about construction or road repair. The idea that there is some magical time in place is an urban myth. I have policed in two cities and I can tell you there is no magical time. The bylaw and more importantly the Criminal Code of Canada (CCC) protects people’s rights when it comes to enjoying your property. Section 430.(1) of the Criminal Code of Canada states ” Every one commits mischief who willfully
(a) destroys or damages property;
(b) renders property dangerous, useless, inoperative or ineffective;
(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.”
Notice there is no mention of “11:00 pm. That time comes up all the time. The Saanich Bylaw also states ” No person shall make or cause to be made any noise or sound in or on a highway or elsewhere in the Municipality which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood or of persons in the vicinity thereof.”
Again there is no specialized time included and that is for good reason. It is your right to enjoy your property without being disturbed. Of course there is like in most cases an element of common sense. Strong neighbourhoods and communities are built around mutual respect, communication and understanding.
The only mention of time that I could find with respect to private property, out side of construction, is that you or your neighbour can not fire up the lawn mower before 8:00 am. “The use of a lawnmower between the hours of 8:00 a.m. and 9:00 p.m. on any day.”
I hope that helps. Response by Sgt John Price.
Proud Canadian said
Lee: I doubt that the Courts would see the Western Speedway (a legal land use) as being a mischief. Perhaps you should pose the question to Crown Counsel – Would they press charges against Western Speedway for disturbing the peace under the Criminal Code? I somehow doubt it.
tick tock said
The debate that is going on regarding the noise generated by Western Speedway ,to me, points to a more important issue and that is THE LACK OF LEADERSHIP SHOWN BY LANGFORD’S MAYOR AND COUNCIL not only on this topic but on many others that are impacting its citizens.
Rather than sitting on the sidelines the Mayor, or at the very least you would expect one of the Councillors ,to step to the plate and provide the citizens with an explanation with respect to its noise bylaw and its inforceability.
The race track matter is a clear example of how selective our municipal representatives are on local topics.If it is something that THEY are personally interested in there is no end to promotion and spin. When it is an issue that involves the concerns of established neighbourhoods thay are no where to be seen!!!
Now that Lillian Szpak is running in the Federal Election perhaps she will show some leadership and let us know what she thinks about this topic. Lillian,your prose is wonderful but lets hear your position on serious and significant issues that affect this community. In a recent article in the Goldstream Gazette it quotes you as saying” you have to be a person connected to the community and someone who cares and is knowledgeable on the issues”. Well if you really care kindly step to the plate and take your best swing. For the sake of all of us my hope is that you ,at the very least, get a base hit if not a home run.
Anonymous said
Tick Tock, pick up the phone and call the City if you have a question regarding a bylaw. Why is it the Council’s and Mayor’s job to do this for you? City staff are paid to answer these types of questions. I called and got a satisfactory answer.
Jeff Magee said
This topic has, obviously, hit a nerve. I am a long-time Langford resident, but have never had much interest in car racing. I live on Triangle Mountain and can hear Western Speedway when the races are on. I can understand why Bear Mountain residents are upset at the noise from the Speedway.
However, the overwhelming majority of people who bought on Bear Mountain knew exactly where Western Speedway was. They may have thought at the time that it was desirable to live on Bear Mountain and that Len Barrie would be able to shut the race track. They gambled and lost. For the people who didn’t know Western Speedway was there, their problem is not with the Speedway but with the people who encouraged them to buy there. If they sell their houses, are they going to ensure their Real Estate Agent informs every prospective buyer of the racetrack’s disruption to a quiet evening?
Greg said
I think the real issue is a matter of scale. Most residents knew there would be some noise, just not how loud and how often, both have increased noticably. What I don’t get is if the track and city want to keep it running why have they done nothing to deal with the problem ie: a noise barrier/wall of some kind. If they were to be seen to be doing something then residents may be little more understanding. If the track can be heard in Triangle Mnt then its pretty loud to be heard at that distance. (8-10km?)
Charles A. Pash said
For your information: ever since , Last June, when Western Speedway terminated the full time security guards and went to drive by security .The RCMP have given out at least two noise bylaw tickets and have had to attend the speedway any many occossions. The security firm they have in there now just do not do the job.
Chas Pash
Greg said
I have called Langford bylaw according to them they have never given the speedway a ticket for noise….never. So not sure where “Chas Pash” is getting his info?
Anonymous said
Charles Pash must read the National Enquirer to gain his facts!!!!!
Anonymous said
It’s started already…drifting on Sat. from 1-8pm, the track isn’t even open yet !?!? Say goodbye to peace and quiet on your weekends and evenings till about Nov!! Good luck with the class action… hell when it gets underway we will be on board too. The situation is just insane!!! LANGFORD COUNCIL PLEASE DO SOMETHING!!!!!
James said
Here is what “living the lifestyle” has meant to people in the North Langford area that past few days:
March 19th – 1 to 8 pm drift racing
March 20th – 1 to 5 pm hornet racing and stock car practicing
March 21st – 12 to 3 pm stock car practicing
March 24th – 4:30 to 7:30 stock car practicing
March 26th – 9am to 4 pm motor bike racing
March 27th – 8:30 am to 4 pm motor bike racing
What a joke!!! When we moved to Langford the city told us that Western Speedway used the track Saturdays, and the occasional long weekend and Thursday evening. There was no motorbike track.
What kind of city council entices people to move in to their community, allows rampant growth of an adjacent noise producing business that effects the residents, and then tells the residents too bad? I know, a council that doesn’t care about its residents. A council that does not see the future of Langford. One that is attractive to retirees and families.
Dave said
The noise is just starting, it will get louder and longer for at least the next 6 months. Call Langford bylaw, ask is the speedway exempt from the noise bylaw they say “no”, then ask if the have more than one complaint, they say “yes” they have several, ask what they are doing about it, they say “we will talk to them” = doing nothing!!! The mayor and council will just ignore the problem they helped create and now are just hoping to pass it along to the next mayor and counci? I think a law suit is the only way the city will be forced to act!
Anonymous said
Langford is the worst city we’ve lived when it comes to City Hall looking out for the best interests of it’s residents. Langford bylaw has several noise logs and more complaints and what do they do? NOTHING, why have a noise bylaw if its not enforced? the new slogan for Langford, “Great place to do business but if you enjoy peace and quiet then look elsewhere”
Ben Dover said
It seems that anyone unhappy with their purchase of a home on Bear Mountain is looking to blame anyone – anyone other than themselves for their decision. Comments such as, “Realtors lining their pockets . . .” and “Developers getting rich . . ” abound on this blog. But wait minute, when you found your home on Bear Mountain, did you hike up Mt. Finlayson trail and then jog across the golf course to get to the house? I’m betting that you drove right past the BIG sign that says, “WESTERN SPEEDWAY,” and then you bought your house regardless.
Full disclosure has its limits and that limit excludes the patently obvious. Do you think there is a duty to disclose that Victoria is close to the ocean? Is there a duty to disclose that Langford is south of the 49th parallel? Of course not – it’s obvious, just like the existence of Western Speedway for the past 50 years has been obvious.
One day, probably soon, the land Western Speedway occupies will be more valuable with a different use than motor racing. Until then, if you need someone to blame for your decision to buy close to a racetrack, or a rail line, or an airport, or a busy harbour – look in a mirror.
anonymous said
I agree with Ben Dover. Although the speedway did not used to run as many times per week, but all in all, it was there first. Citizens who are concerned with this issued need to turn their head to the bigger issue of leadership of the city. How their concerns were “not” dealt with should serve as a warning bell of the lack of concern for issues in general. Perhaps they should consider joining forces with people who are trying to change the current slate of “nodding heads” that do developers bidding at any cost. A more balanced slate of councillors would actually debate issues and perhaps comeup with better decisions that consider taxpayers intersts first. Please get more involved. Please come to meetings and watch the show! I guarantee you will be surprised and concerned with this status quo!
Anonymous said
Re:”Ben Dover” (classy name buddy). Typical of track supporters, “we were here first so shut up” Yet they demand respect without giving any in return. The track and it’s most supporters have proven over and over again that they just don’t care if the make noise or that it bothers residents, notice I don’t use the term “nearby” because it can be heard for miles, and Langford bylaw does nothing, so why stop? Hope race get rained out like their first race did!
Langford Man said
This issue as with so many others will not be addressed by the city. First and foremost, Mayor and Council are dysfunctional.Council are supposed to represent the will of the people and the Mayor is supposed to be a reflection of council.
However, in Langford Stew Young is in complete control. Council does as he says without question. Why? Because Stew intimidates and manipulates anyone that opposes him in anything. He is in bed with developers who fatten his bank account and so his mandate is all about development and not much else and damn the consequences.
Bylaw and planning are all powerless to solve these kind of issues because they have to do the mayor’s unethical bidding or lose their jobs. So why does Stew keep getting elected? Simple, his empire employs half the town, and his developer friends own or employ the other half. Nobody is going to bite the hand that feeds them no matter how dirty and self serving that hand is.
Ben Dover said
April 8th, Langford Man says, “Council are supposed to represent the will of the people and the Mayor is supposed to be a reflection of council.” He must have flunked his civics class in high school.
A person who had great influence in developing and defining the duties of elected officials in a representative government is British philosopher and legislator Edmund Burke. In a speech to Parliament, Burke made the compelling argument that legislators should think for themselves and not merely be delegates. This philosophy is part of what gives rise to our system of governance today.
“Their wishes,” Burke said describing the relationship between and legislator and constituents “ought to have great weight with him; their opinion, high respect; their business, unremitted attention,” but then he added: “Your representative owes you, not his industry only, but his judgment; and he betrays, instead of serving you, if he sacrifices it to your opinion.”
So Langford Man, upon what do you base your statement that, “Council are supposed to represent the will of the people . . .” Certainly it is not based upon the British Parliamentry model of representative democracy. It isn’t based upon our current model of municipal government. Did you just make it up?
Langford Man might wish our system is as he describes, but right now we elect councillors and a mayor to consider the issues and make decisions on our behalf, not at our behest.
Anonymous said
So this parliamentary system requires the mayor to get in bed with developers and give away millions in taxpayers’ money to private companies? Gosh, why don’t all the municipalities do the same? Oh right, because they aren’t STEWpid.
Keeping it Real said
Perhaps “Anonymous” could explain what tax monies have been given to private companies? Or explain this to the RCMP? This is a fairly serious allegation, particularly considering that the Community Charter prohibits this. Perhaps you would like to substantiate your claims?
Anonymous said
Sure. You know the Bridge to Nowhere? The city of Langford fronted $10 million to the Bear Mountain and Skirt Mountain developers for the “100% developer-funded” Spencer Interchange. The repayment date passed April 2, 2009. The city is carrying the debt and it looks like Langford taxpayers will pay the price. Does this violate the intent of the Community Charter? Yes. So sue me.
Keeping it Real said
Anonymous: Sue you? Why? Have you done something wrong? You still do not make a valid argument that tax monies have been given to private companies. The interchange is a public asset, and was always expected to be. My concern real concern is why isn’t more public money being put into this project? Taxpayers from Victoria to St. Johns paid for the Sea to Sky Highway. Who does that benefit?
Anonymous said
Yes, Langford should max out its debt to support infrastructure for a bankrupt resort!!! That sounds like a great idea. Let’s get the whole province to pay for a huge expensive project that only benefits a handful of landowners. Great idea! I’m so glad we have people like you on Langford council.
Ben Dover said
The concept of, “build it and they will come,” has worked very well for Langford. Provide infastructure, then invite the Big Box stores. The Big Box stores came, they prospered and they pay a LOT of tax into Langford coffers. Home Depot doesn’t use the parks, Costco doesn’t go to the pool, Staples doesn’t go to the rink. These businesses pay for the services our citizens use. The Langford operational portion of our taxes is going down this year by about 1%. Is there any other municipality in Greater Victoria that is lowering taxes?
Finishing the road up the south side of Skirt Mountain may work well to enliven the moribund Bear Mountain and Skirt mountain development projects. My understanding is that the borrowing was done in the name of Langford, but the security is the developers’ land. If Langford doesn’t get paid they have recourse to the land. Am I correct on this? Does anyone have more details and insight, (raw data please, not a partisan pitch from either camp,) into the arrangement and security of this loan?
I lived here when the residents of the “good” municipalites of Greater Victoria all snickered at Langford residents as mullett-wearing, septic pumping, plaid jacket-wrapped bumpkins from Dogpatch. The past few years under Mayor Young and his council have brought unbeliveable benefits to our area.
no longer shocked said
Unfortunately, Greater Victoria now snickers at Langford residents who put up with a council of developer loving syncofants who allow themselves to be bullied and all vote with one mind (not usually theirs) Watching other municipalities do their work, with democratic discussions and mixed opinions certainly is more healthy and balanced. (sorry for the partisan pitch)
Unfortunately, most new residents purchase the “tiny” houses with no storage or yard as stop gaps and then move up and on to other municipalities where they can get a real house. This transitory residency does nothing for this community longterm. Real standards of sizing of lots is imparative and the city must incrase the minimum size of lots to this end. Developers must make some sacrifices and the end result will be more enticing developments where people will come to live for 20-30 years. THIS is what grows a city, not just scores of townhouses crowded into small spaces. There are plenty of those already.
Anonymous said
I would agree with “no longer shocked” The development is going full bore, without any thought of what it will mean to the future of residents. The 50yrs of pollution and noise issues from the speedway is a pefect example, allow development right to the edge of the track then do nothing about noise complaints. Now the area between the track and the industrial area past the track is up for further development, planned uses may include homes, factories, retail sales…pretty well anything, and less than one week notice to go to a public meeting. No thought to the environmental issues or the fact that Millstream Rd, is too small to support the huge increase in traffic. And of coarse more noise. Look at James Bay regarding the Cruise Ships and noise and air pollution. Not much different than the Speedway issues, but in James Bay there at least seems to be some concerns as to the welfare of it residents. Langford is pefectaly happy to put it’s residents health at risk, but we may get another box store!! We will probably have to move into Vic to get some peace and quiet and at least feel that the city council may actualy care about its residents. So Long Langford!… we won’t be the first and will not be the last to leave.. Unless change for the better is made fast!
Ben Dover said
The whining just never quits, does it? James Bay, particularly the areas surrounding the waterfront have been industrial since the days of Rithet’s Wharf. There were grain elevators filling ship after ship with prairie grain. That grain arrived by rail . . . train after train went through James Bay, either filled with grain or with lumber, or kraft pulp; remember Westcan Terminals? James Bay was home to a soap plant and a paint factory, not to mention VMD, the shipbuilding yard that built the first BC Ferries. There was a Coke bottling plant, ship’s chandlers as well as the longstanding Coast Guard base.
So after buying in an industrial area, the yuppies now want to make sure there’s no boats in the harbour . . . wouldn’t want any filthy tourists spoiling their little piece of Eden, would they? God forbid there could be economic activity.
Similarly, those who bought in Langford and then complain about the development should have got their picket signs out a bit earlier, don’t you think? Perhaps they should have protested the subdivision upon which their house was built.
Anyone who thinks Langford was a better place 25 years ago is welcome to move to James Bay . . . 20 or 30 trips on your bicycle ought to be able to convey all your wordly possessions out of Langford, our little piece of Eden.
Anonymous said
So “Ben Dover” you think James Bay is an industrial area? It was, just like one day it will be said “this was a race track” And by the way calling anyone who has something to say “whiners and Yuppies” just shows the mentality of so many “track lovers” Soon it will be gone, and it will be you that will just have to move to where a track is to get your dose of fumes, noise and burnt rubber. So why not quit your “whining” and let people express their opinion.
Phil said
It seems Ben Dover sure likes Langford and it council, defends them a little too much? perhaps has some kind of connection to council? Just an observation, or am I whining?
Ben Dover said
Looks as if I have touched a raw nerve or two, judging from the two previous posts. One
can generally tell when a nerve’s been hit – it’s at that time the other commenter abandons the thread of the argument; when the conversation exposes that a poster’s argument has no merit. Rather than admit that another has prevailed over your argument, the strategy is to knock your opponent off the topic and onto another topic you might stand a chance of winning. If the person with whom you’re trading comments is foolish enough to bite that hook, you might succeed at an argument, but not necessarily the argument you came to champion.
Anon, who thinks I called names tries, “just shows the mentality of so many “track lovers” Gee, is that bit of a generalisation? But not a hook I intend to bite.
Secondly, Phil tries a bit of character assination, with no basis in fact whatsoever. Not going to bite that either Phil.
Here’s the facts: I have lived in Langford since 1978. I have never seen a race at Western Speedway. I have no connection to Langford Council.
I’m on this site because I can’t stand a self-serving argument or a disingenous argument. Unless you inherited your property in the Millstream/Speedway area, you bought it; I’m betting within the past 50 years. Which means you chose it over other properties in other areas. Whether or not you now feel you made a bad choice, one can’t expect the rest of the city to suffer to clear up your lapse of judgment. Perhaps it wasn’t bad judgement at all, but a farsighted business decision – buy cheap near the track, sell high if you can get the track shut.
In any event, all these types of complaints are the same: buy next to a ship’s terminal in James Bay and then complain about tourist traffic. Buy near an airport, then complain about the aircraft. Or buy near a highway, then complain about traffic noise. Not only did you make a conscious decision to buy in those affected environments, you did so knowing the patterns of use will change over time. Ever heard of an airport becoming less busy? A highway taking fewer cars? And yes, the Speedway will have more events.
Self-serving arguments serve only to illustrate the narrow focus and the self-centred bias of the proponent . . . they rarely illustrate facts surrounding the entire matter.
Phil said
Ben The fundimental flaw in in your arguments are that you think all factors remain constant, as in nothing changes. Well everything changes, James Bay was an industrial area, but not anymore, The track was in the middle of nowwhere when it started, not anymore. If an airport expands and runs 24/7 then something in the equation has changed, just like the track running alot more and the area around has changed. So to bring this forum back on track “ben”, the track is not exempt from the noise bylaw that langford is not enforcing, its pretty simple.
Ben Dover said
What you say Phil is true, that the thread seems off track. But that raises the question of, “What IS this about?”
Phil thinks it is about Langford failing to enforce its bylaws. The original article was about, “Class action lawsuit against Western Speedway? Posted by Steven Hurdle on September 18, 2010″
There is a vast gulf between suing a company carrying on a lawful business that existed before there were zoning and noise bylaws, and the question of a municipality enforcing bylaws.
If it is about enforcing bylaws, then I think Langford is constrained from enforcing the noise bylaw due to the legal non-conforming status of the track’s operation. The track’s operation pre-dates the bylaw. See section 911 of the Local Government Act:Non-conforming uses and siting
911 (1) If, at the time a bylaw under this Division is adopted,
(a) land, or a building or other structure, is lawfully used, and
(b) the use does not conform to the bylaw,
the use may be continued as a non-conforming use, but if the non-conforming use is discontinued for a continuous period of 6 months, any subsequent use of the land, building or other structure becomes subject to the bylaw.
(2) The use of land, a building or other structure, for seasonal uses or for agricultural purposes is not discontinued as a result of normal seasonal or agricultural practices, including
(a) seasonal, market or production cycles,
(b) the control of disease or pests, or
(c) the repair, replacement or installation of equipment to meet standards for the health or safety of people or animals.
Some of the commenters here might not like it, but the Local Government Act protects on-going legal uses, regardless of subsequent bylaws.
Walfred Road resident said
Perhaps ‘Bendover’ would like to come up Walfred and explain how it is okay that a beautiful residential, large lot neighbourhood, with legal, existing convenants, can be turned into a rock quarry, with Langford’s blessings, by giving a temporary rock crushing and selling permit for up to 6 years. Many of the existing owners have been there since the 70′s, long before the developer, and long before it became fashionable to work against its own residents wishes (believe me, the city plan was righteously opposed) and is turning Langford into tiny town. These neighbourhoods are part of the larger scheme of this city and should be preserved, for wildlife, beautiful second growth forests and greenspace. So, despite wide objections, one developer can pop in, make a buck and leave the neighbourhood vulnerable to the next one. Once this happens, no area is safe. As well, the bylaws do not speak to maximum sound levels or have any way to test for dust, pollution etc. Wonderful bylaws!!(and yes, it is a legal covenant, and yes its going through the courts, although it shouldn’t have to, if Langford had any real integrity)
Happy Valley resident said
I agree Walfred Road Resident. It sickens me that they have taken our beautiful, quiet, semi-rural area and turned it into a dust and gravel quarry with little boxes shoved into every nook and cranny. The constant noise all day, every day, is bound to have health effects on the few of us who don’t only live in Langford in the evenings, but put up with it all day long. I used to love living here, but now it sucks, and yes we will be leaving, so no one needs to bother posting the idiotic “if you don’t like it, leave”
WezleyB said
I live on millstream rd. Just down from the track, and I can hear the noise. But I love it! If I am sitting around my house, and hear racing, I get up off my butt and go down to the track. The track is a great place to be. The Hornet series is amazing racing, Demo racing is very entertaining, but the Drag racing is my favorite. This season, I will be spending most of my free time enjoying Western Speedway.
Earth Day? said
What does Earth day and Good Friday mean to Langford residents? Quiet reflection and a nice day in the back yard? No No not in Langford it means DRIFTING From 9:30am to well past 7:30!!!!!! revving engines, screeching tires and burnt rubber. Ahh living the lifestyle on the west shore ! The track cares about $$$$$ and nothing else, certainly not the Earth or nearby residents. Class action, great, win and use the funds to move somewhere that this kind of thing would never happen, like anywhere else but Langford. Oh and it all starts again on Saturday morning till 10pm.
WezleyB said
Yeah, when I heard the screeching of tires, I rushed right over to the track. It was a great event. There were Drift racers from all over BC. It was a great show, with lots of spectators. Oh, and 90% of the cars were street cars, so there they would have been under the noise bylaw levels. And as for earth day, these guys buy used tires, (most likely the from your BMW when you changed all 4, and you only really needed 2…) that would otherwise be going into the landfill. Demo Racing tomorrow! I’ll see you all there…
Herman Surkis said
Chickens coming home to roost, as predicted, years ago.
Doug said
In the last 3 years with the huge increase in noise from Western Speedway and now Westshore Motorcross my neighborhood has become a place where you can’t enjoy going out on your patio or going for a walk on 5 days of the week. Already 1/3 of my neighbors have moved away in the past 3 years, and most because of the noise. Langford council cannot believe that this type of turnover is good for the community and the local economy. Do they think retirees will move hear and put up with this?
What is all of this disruption for? A few low paying jobs? A little bit of tax money for the city? A hobby for a few? What about the millions of dollars that people have invested to live in Langford? Don’t they get any say in how much noise should be allowed from the Speedway? Last time I checked the Wille family only bought one piece of property in Langford not the whole community.
Now it is Speedway racing, drifting, drag racing, motor bike racing, and ATVs right next to residents. Way to go Langford Council. NIce community. NOT!
WezleyB said
I cant use my patio ant time of the day or week, as I live on millstream. I can’t hear anything over all of the traffic from bear mountain parkway. I never have to set my alarm clock anymore, as I am wake up every morning to hundreds of cars coming off the mountain, and heading to work. The traffic caused by the bear mountain development is so much worse than the track. The track only makes noise a few nights a week, for a few hours a night. The track is an icon of langford. It should be declared a heritage site. Oh, and demo racing, on saturday, was great. There were hundreds of spectators, and it was a great show, as always…
Caveat Emptor said
To everyone who is lodging their complaint through this website about noise from the Speedway: What measures did you personally take, at the time you purchased your home, to inform yourself about the racetrack, its operation, history and noise levels? Seems to me like you failed in your due diligence.
Reality Check said
If “WezleyB” can hear the track from his house then said its only a few times a week?, he must have selective hearing, so where does the all day drifting, fit in? 11 hrs of noise on “Earth Day” And he compares daily drivers, said that they are as loud as drifting and the raceing? then goes on to say they are using used tires, the fact that they are being burnt up and going up in smoke, so where does the smoke go? The tires just disappear? and don’t just go to the landfill anyway? And finally the Langford has no noise limits in Decibels, unlike pretty well every other modern city, this is part of the noise problem, Langford 20yr old noise bylaw, they don’t enforce, that is the basis of the Class Action lawsuit that is in the works. But as long as a few spectators are happy, screw the several thousand that can hear the noise for miles around!? Several residents around us have moved or are selling because of the noise, bye bye tax dollars…
WezleyB said
I was at the drifting event for most of the day. Sitting 15 feet from the track, it really wasn’t that loud. As for the tires, yes they will goto the landfill anyway, but not because of drifting, because thats where they were in the first place. My point is that by using used tires, no extra tires were put in the landfill by drifting.
Even if you move and sell your home, someone else will buy it and pay the taxes. Langford isnt worried about your tax money. It is growing faster than any other town on the island. There will be more people moving in to pay the bills….
tick tock said
Very interesting listening to the different points of view on this matter. Both sides make some valid points. Just some thoughts from the cheap seats:
– I don’t believe that municipalities are legally required to enforce their bylaws.
– My understanding is that, notwithstanding that municipalities are not required to enforce
their bylaws, residents have the right to the reasonable quiet use and enjoyment of their
property.
– Has anyone every gone to City hall to confirm that the Speedway owners have obtained the
applicable permits for all the work and construction that has taken place on their property
over the years( building,plumbing and electrical permits) and that all the uses that this
property has on it are legal?
– Has anyone every checked with City Hall as to the zoning of the Bear Mountain property before
it was rezoned to residential? If it indeed had to be rezoned and Council didn’t take into
consideration that it was promoting residential development adjacent to a use that generated
a considerable amount of noise then the Class Action lawsuit ,if it is worded correctly, may
have some merit.
–I believe that similiar lawsuits have been successful in the past and as a result many
municipalities will require developers who obtain rezoning approval to build beside a
conflicting zone to register a Covenant on their property to not only warn potential
purchasers of the situation but to restrict purchasers from suing the City for any noise,
smell that may originate from the adjacent property.
My hope is that both sides put their best foot forward in Court so that once the Judge makes a decision there will be no question in the future as to what responsibilities municipalities have in this regard.
If the City loses maybe Stu can create a DCC fund to pay for damages in order to keep our taxes low….for the time being!!!!!
tick tock
garett said
well lets think about this. the race track has been there for a long time if it was gone i would be very ticked off and upset cause i love racing and hope to race this coming year.it bring alot of money into langford and the city right now the race track has a law about how much sound it can make now.
Anonymous said
It would be very interesting to see what the emissions of the track is compared to a average street car. With all levels of goverment asking everyone to reduce carbon emissions by car pooling driving less ect… then let a the track pollute without any restrictions. Why should we all change our driving habits when all the good that would be done can be undone in one night of racing? What’s the point? What are the health risks that go with all the noise , fumes and burnt rubber? I know Langford has done no studies or research at all regarding its resdents health, or the risks involved, just pay your taxes and shut up!.
Anonymous said
Re:Garett’s comment. The track does not bring in money to the local economy. The money goes in and does not come out, unlike a large employer like Costco that has alot of staff and pays well. Also there is no “law” they have a 95DB “rule” that is really a guidline that they may or may not enforce( mostly not). Just because the track is old doesn’t mean much, what was there before them?…a whole lot of birds and trees they where there for thousands of years, so maybe it should go back to that… that would be very nice.
WezleyB said
your right, 95 DBs is not a law, it is something the track put in place to help keep the peace with the people who live near it. They do have and use sound meters, during tech inspection of the cars, prior to racing. If the DBs are a few over 95, they will still let you race. But if it way over, they will keep you from racing, and make you get a muffler before you come back. As for emmisions, Do you have a wood stove?
Anonymous said
The Track does not enforce the 95DB “rule” I know that for a fact, 95DB cannot be heard for 5 miles away! What does a wood stove have to do with racecar emissions? And FYI Wezeley if you think the traffic noise on Millstream is bad now, just wait, Langford in it’s infinite wisdom will be allowing major industrial development in the Millstream area, so way more heavy trucks and traffic, lucky they just narrowed Millstream just before the tracks parking lot. Also for everyone’s info, light industrial in Langford includes things like rock crushing and cerement plants. More dust, noise and traffic, it’s pretty obvious that the Millstream area will become the heavy industrial area of Langford, bye bye property values. So you may “just have to move” too.
sick and tired said
The speedway is now making noise every day, all day and everyone I speak to is sick and tired of it. We can hear every word over their PA system and they make jokes about pissing all of the Bear Mnt residents off, classy place. They don’t give a sh*t about anyone but $$$$$. thats true of the City of Langford who cares even less about its residents, nowhere but Langford would this be considered “normal” The bylaw just ignores the problem and the many noise complaints and there are alot of them! until everyone just gives up and moves out of Langhole. I hope the get their ass sued off!!!
Ann Onymous said
I am sick and tired of hearing about this lawsuit. When is this going to court?
Anonymous said
Say GOOD BYE to quiet weekend for the rest of summer, starting tonight the speedway will be having races on Fri+ Sat nights, drags on Sun. so to recap practices Mon, Race Wed, Practice Thurs., Race Fri, Race Sat, Drags and or Drifting on Sun….6 days a week till 8-10pm nice. Langford creates problems like this and Tower Fencing on Goldstream, They Zone an area for industrial then when complaints roll in they say “it’s zoned for that” but they approved the zonning!!!!!??? dumb, just plain dumb. We will be glad to get out of there, worst city ever! Who cares about residents health and wellfare certainly not the city of Langford!
solutions said
There is a municipal election coming up this November. Maybe all the dissenters should run for office and replace the current regime.
Anonymous said
I have had good success with Langford By-law dealing with our neighbourhood noise by keeping a log of what happens and when. If all those bothered by Western Speedway noise were to send a written log of noise complaints over a week, just a date, start of each noise time, end of noise time, kind of noise, an example of how loud, maybe there would be some action.
Better still if each person who is bothered co-opts five or more neighbors to do the same and some one delivers them all to City Hall, there is power in numbers. I know it requires some effort, but if something bothers you enough it is worth putting the effort into it. This could be repeated each week adding more people to logging the events until something gives. I wish you some peace. Anon.
Anonymous said
You would trhink that would work, but not in Langford, good luck getting anything done here unless you are a developer, then it’s anything you want.
Jim said
The race track has been there for years! Whats worse listening to the race cars or a rock crusher crushing rock all day at the industrial park on Millstream road. Or all the other constant traffic on Millstream road. Now that all the trees are removed behind the track the sound travells alot further than it did before. All you people who live on Bear Mountain that speed up the parkway at 2 or 3 times the posted speed limit should rethink about complaining.
Anonymous said
The noise from the track is not the problem it’s all the *** ***** that move into the area and need something to complain about. Well I have a complaint about them. They suck at driving merging and being descent people. The people who buy in that area are just making this a big joke. The track has been there longer then that ugly Bear Mountain crap.
Keep the races and the entertainment going at Western Speedway!
But do not move developments up Island before Duncan.
Anonymous said
Victoria has got to be the nimby capital of the world.It’s to the point now where i dont care what the issue is or the consequences just as long as nimbys lose. High tea at the Loghouse soon? Great idea. We can bitch about everyone and everything. Maybe start a letter campain because I paid Oak Bay money to live on Bare Mountain in Langford.
Anonymous said
So Langford’s future is a race track destination? I thought it’s future was as a high end golf destination and residential development. The two clearly don’t mix, and Langford is sending a signal by it’s lack of action on the issue that supports the track and only the track. I have heard that Bear Mnt owners had to sigh away their right to complain about the track noise to buy a home. What kind of place makes you sign over your soul to buy a home? One day it will all come tumbling down, we hope to be far away when it does. The clock is ticking….
Langford Resident said
As a long time participant out at Western Speedway and many other racetracks throughout Canada and the US I would like to comment on the track and its operators efforts to be good neighbors over the last few years. In the 80′s and 90″s there where no curfews or noise bylaws to adhere to at the speedway as there was no need for it in the then rural area. Recently the competitors out there where told that some effort needed to be made to quiet down their racecars as they will be measured with a decibel meter and if found to be too loud they would not be permitted to participate. So rather than complain the racers complied with the purchase and installation of mufflers that knock about 15 decibels from the exhaust note of their cars. The management also goes to great lengths to enforce the once non-existent curfew and have the show completed and racers loaded and on their way home prior to 11PM. With that said, an effort is being made…Is it enough to please everyone? Probably not but its a move in the right direction at least.
I also dont buy the pollution argument. As a long time resident I have watched Millstream Rd evolve from a quiet little road with very little traffic to what it is now…A mess of thousands of giant SUV’s trying to plow their way through all the current congestion. The development of Skirt (Bear) Mountain has forever ruined the character and appeal of this area and not the existence of a racetrack.
A hike to the top of Mill Hill tells another story, the once beautiful view of Skirt/Finlayson mountains is now an ugly clearcut with hundreds “toontown” style homes polluting the hillside and displacing wildlife, what an eyesore.
Anonymous said
FYI The track ran all weekend, 94DB in the back yard about 1km away! then a concert till 12 am fri night ,races again till 10:30 sat night then drag racing 4-8:20pm then a stock car? on the track till about 9:30. ” the track and its operators efforts to be good neighbors over the last few years” ?????????? if that is a good neighbor I would hate to see a bad neighbor!?!? At 0ver 90DB in your own yard you risk hearing damage? And there is NO WAY that the tracks “95db noise limit” is enforced, not when its over 90db a km away, the numbers don’t lie. No where but langord would anything like this happen. Can’t wait to see them sued!!!
old and fast said
I stumbled upon this site while checking to see how my young friends did racing at Western Speedway over the weekend.Hilarious reading about my neighborhood at the click of a button.
I live on Bear mountain and I think it is a fantastic place to live,great place to raise a family, great neighbors, great amenities, I could go on and on. I have lived on north side of Millstream rd. for 15 plus years and yes it has changed in that time.The changes are not all because of Big Bad Bear Mountain though.Have a look around Langford people,it is being developed from one side of the border to the other.I think planners did a great job with B.M,leaving lots of greenspace and natural outcroppings.
Yes some days/evenings we can hear the speedway, but so can people living in other parts of the city. We chose this location knowing full well there was a long standing speedway in the area.When your realtor was showing you B.M. properties for sale what did they do, blindfold you and tell you they were taking you to a secret location? Not hard to miss the large sign and parking lot when checking out the area you have chosen to shop for a house in.
One only has to go for a tour around Langford to see.Happy Vally, Peatt, Goldstream, Langford Lake,Latoria Mill Hill, Walfred.It is everywhere.Have you been thru West Hills lately and it is not even 1/2 completed.I just love the cars there parking on there front lawns due to poor planning. Throw in some more carriage houses and suites and it can only get better!
I do not think Langford council will be happy until every plot of land has a multi level townhouse/condo, carriage house,bird house on it.If you are not a developer in Langford you do not count in their eyes I believe.
My family and friends will continue to enjoy the All fun recreation park for years to come I hope.Hated to see the Cassidy speedway get shut down,it was a great up and coming speedway with huge potential.Doing it in the dirt has always been my favorite!
Thank you for allowing me to post, thank you for reading.
Suns up,have to head out my back door for a hike with dog.
peace
Anonymous said
Langford does not enforce bylaws unless it is against residence, if its against a company or businesses you have no hope of them doing anything. That will be the basis of the lawsuit, failure to enforce bylaws, why have any bylaws?
Kathy Overby said
Hi there – Western Speedway is certainly allowed to exist as it has for years, but does it have to run races 5 or more times a week? Our neighbours, who have lived here for 6 years, tell us that the noise from, and frequency of, the races is increasing. I see Western Speedway claims that they are being good neighbours, in part by “suggesting” that racers use mufflers; however, their lack of effort and what appears to be flagrant abuse of those of us that live as captives in their noise zone is not indicative of any respect for others. it’s time to look into this again. Western Speedway should be starting to make every effort to change their behaviour or they will go the way of the dinosaurs that they are, if at all possible through my efforts.
tick tock said
I understand that Municipalities are not required by law to enforce their own bylaws. Anyone taking Langford to court on the noise issue at the Speedway should make sure that the charges they make at least have a chance.
A friend of mine was playing golf with a visitor from Ontario late afternoon at Bear Mountain. With a slight wind blowing towards Bear Mountain the noise was said to be incredibly loud. They said it was like being in the front row at the race track. For anyone who sides with the Speedway and hasn’t experienced the noise generated by this facility just take a !/2 hour of your time on a Saturday evening and drive to the top of Bear Mountain to listen to the breeze in the trees and the chirping of the birds…..NOT!!!!!!!
Also, your right “Old and Fast” but only about your observations on the development sprawl that is occuring in Langford and now in Colwood.
Colwood just recently approved an 11 storey condo project at the corner of Latoria and Veterans Memorial Way. A highrise in rural Colwood.!!!!! You bet and there be more to come as this municipalities throws out the book on sound planning principles. When a councillor is quoted in the Goldstream Gazzette as saying essentially that one doesn’t notice that they’re walking by a highrise unless they look up you know your municipality is “open for business”
I suggest that Colwood’s Official Community Plan be amended to require that “all those walking in their community are not to look up and that all drivers are to look straight ahead”
Anonymous said
Well said Kathy. The Speedway say that they respect their neighbours, but their actions show the have no respect for nearby residents, they can be heard making jokes about the noise over their loud PA system. The city just ignores complaint after complaint, they say they have only had 2 complaints over the years, I say BS on that. The first job of the City is to protect the health and wellfare of it’s residents, Langford has failed completely. It’s gotten so loud we would have to wear hearing protection in are yard when the track is running. Perhaps it’s time for Vanouver Island Health Authority to get involved, as the noise is a public health issue now. As well as the lawsuit aginst the city for their lack of action. Track supporters say “it was there first” like that means no one has a right to enjoy your home, and they can, and do whatever they want whenever they want.
Anonymous said
I can understand if your sleeping the noise would be a big problem,but there is also toO many houses built around there.I wish someone would put a end to turning Langford into a big city.
Anonymous said
I’ve heard good things about Stew Young,and heard he grew up in the area,so have I.But why he wants to turn Langford into a city is unbelievable.Yes Langford was in need of some change according to some,and some changes have helped,but building condos,apartments everywhere and turning it into a city has ruined it a lot.They need to consider the people that grew up there in a country like area,not a little city of buildings,cars everywhere crammed together.Kids do better If they have a little property to do things on as opposed to being inside the apartment,condo.
With racing I could understand if your trying to sleep the noise could be upsetting,but how many people sleep at 11:00pm on Saturday night.not sure of my opinion on other nights of noise as I have attended there often.
Don’t turn it into a big city,Please!!!!
Anonymous said
Hey there anonymous,I think it is too late.Langford is well on its way to becoming a big city in a small area.I must say a very poorly planned one at that,one bandaid solution after another.Just wait for all those Hi rises and condos to get a few years old.
I think a AC/DC song called Riff-Raff would describe it best.
Reply to Tic Tocs comment,I have visited the golf course many a time and have never experienced any race track noise as your friend describes.What they were probably hearing was the Langford trolly labouring up the parkway without a single rider on board.
Concerned Human said
I am unfortunate enough to live within earshot of a school with a baseball park. Night and day kids running around screeming,yelling,cheering etc. This needs to stop NOW. Im looking for like-minded people to start a law suit perhaps against parents for having these little noise makers with a blatant disregard for my sanity as the thought of anyone procreating and ensuring these disruptions carry on for generations displeases me. Lets join together and break this cycle. Please spay or neuter your children to help provide the quality of life us N.I.M.B.Y.’s are entitled to. No fun is good fun. Thank you and have a bad day.
tick tock said
Anonymous, it was defineately race track noise…and it was deafening.
Your comment on the Trolley buses is “right on”. So many times i see it with no passengers!!!!! The municipality spends $250,000 of taxpayers money to run this 30 seat bus every year. What a waste of our,not his, money. Stu has done some wonderful things in our community but he is so dogmatic and stubborn when it comes to programs that are not working and going over budget on projects without any concern ie Fountain Project and City Center Project.
The connection of Goldstream Ave with the Bridge to Nowhere should really help the owners in the marketing of their Skirt Mountain project.
I hear the Bear Mountain Group is in a hell of a mess. Can’t even afford to give the golfers a bottle of water anymore.
Anonymous said
So “Concerned Human” is comparing a private racetrack to a public school? Let us guess, you go to the track but don’t live anywhere near it …right? Like most track supporters, they like to go to it but don’t even live anywhere near it. I’m sure Langford is planning to put a Kindergarden School next to the track anyway, or perhaps a Lead refinery next to a school. In Langford anything goes!?!?
Anonymous said
I see Langford is going to Blow more Cash on the Bridge to Nowhere just to Funnel more cars onto the already Congested Island Highway.
Like that is gonna help with the Spencer/ Goldstream traffic problems, just make things worse as far as I can tell.
I would like to see that Bridge have the ends Capped,Fill it with Soil and Compost and make a Giant Flower Pot and Community garden for the People of Langford to enjoy.
The rate at which they are developing Land and Greenspace, soon there will be no soil to grow a simple Garden Plot.
Spencer Pond Wildlife and Habitat would be saved at the same time and maybe some proceeds from Flower Sales could go towards buying some water for those Bear Mountain Golfers!
Where have all the OWLS GONE???
Anonymous said
I agree with the homeowners because you guys built Western Speedway after all the houses went in at Bear mountain. Too bad you didnt make the track in 1954 before they moved in.
Anonymous said
The solution to the problem is pretty simple, Langford would just have to update the 20+year old noise bylaw like most modern cities have. But that won’t happen because they just don’t care about the health and welfare of it’s residents.
bentover said
You really ought to dust up on the Local Government Act as it relates to non-conforming uses:
Non-conforming uses and siting
911 (1) If, at the time a bylaw under this Division is adopted,
(a) land, or a building or other structure, is lawfully used, and
(b) the use does not conform to the bylaw,
the use may be continued as a non-conforming use, but if the non-conforming use is discontinued for a continuous period of 6 months, any subsequent use of the land, building or other structure becomes subject to the bylaw.
(2) The use of land, a building or other structure, for seasonal uses or for agricultural purposes is not discontinued as a result of normal seasonal or agricultural practices, including
(a) seasonal, market or production cycles . . .
You can see the Speedway has a right to exist and to operate even if the bylaws are changed subsequently
simon said
that’s right, city hall doesn’t care, probably because they’re not hearing you. This thread is over a year old, it’s stale. You need to find sympathetic ears in the local rags; radio talk shows; etc. you’ve got to make noise! also size matters, find others with similar problems and group together, the more the noisier. I bet residents living near goldstream ave and leigh rd. would love join your cause, they’re going to be listening to wailing sirens day/nite when the new ambulance dispatch goes in. Start a petition and so on and on and on….get your scheisse together…. be proactive. goodnight.
Track Neighbour said
Wow, the NIMBY’s are really getting out of control…
Per Simon:
“that’s right, city hall doesn’t care, probably because they’re not hearing you. This thread is over a year old, it’s stale. You need to find sympathetic ears in the local rags; radio talk shows; etc. you’ve got to make noise! also size matters, find others with similar problems and group together, the more the noisier. I bet residents living near goldstream ave and leigh rd. would love join your cause, they’re going to be listening to wailing sirens day/nite when the new ambulance dispatch goes in. Start a petition and so on and on and on….get your scheisse together…. be proactive. goodnight.”
So let me get this straight, you buy a house in a neighbourhood with a race track and complain about the noise. Now you want to complain about an ambulance station as well? They have to come from somewhere you know. The location Langford Council selected is excellent in terms of accessibilty, which is vital for such a service.
I suppose then if the people complaining here were to buy a condo at The Hudson or The Falls, you’d expect Victoria City Hall to shut down the downtown bars because of the noise?
By the way, no need to use profane language to get your point across, some of us gear heads are multilingual you know.
simon said
zzzzz….
Anonymous said
This is no longer a annoyance it has gotten so loud so often that it IS a public health issue end of story. 96DB at about 1+km away! You would have to would have to wear hearing protection to have a Saturday night BBQ in your own yard!?!? WTF All so a few can watch cars go round and round, and I’ve see the races, they are loud but not fast. City hall hears all the complaints and get the noise logs, but just doesn’t care, could it be that Stewies company, Alpine is a sponsor of the track?
Anonymous said
There are 3 active circle tracks on the island. altogether consuming about 12 acres of land. How much land has been clearcut for golf courses????? and overpriced condos? golf is a plague.
Anonymous said
At what point did expecting a peace and quiet in your own home has become too much to expect? Winter races start this Sat. and drifting all day Sun. lets pray for snow!!!!! This election we will be voting for change! After 18yrs the king should be replaced, I say king because the mayor treats it like his own personal kingdom.
Oldschool said
Protecting Western Speedway is probably the only thing that Stew and I agree on. As far as I’m concerned the racetrack and the Loghouse pub are the only real pieces of Langford left on that side of the highway. The rest is just soulless suburban sprawl.
James said
While I agree that moving beside a racetrack is the homeowners poor decision that doesn’t negate the cities responsibility. They are responsible for the poor planning, they are responsible for making changes that allow the sound to travel much further, and they are responsible for listening to complaints.The track will have to be shutdown, there is no way this can work and it’s not the tracks fault. I like Western Speedway but I can see where this is going. Communities change with development, there use to be a horse racing track in both Colwood & Oak Bay but those are long since gone.
This is far from the first case of bad planning. How about the people living the the mall parking lot? What was destined for a residential area was changed into commercial space when that’s what a developer wanted. I’m sure some people sold when this happened but this is so typical with development in Langford (I shouldn’t generalize because Colwood is not so far off).
Bill said
There is actually a limit to how much noise Western Speedway and Western Motorcross can make under their Commerical Recreation (CR1)zoned property.
The Local Government Act clearly states:
Section 911 (1) If, at the time a bylaw under this Division is adopted,
(a) land, or a building or other structure, is lawfully used, and
(b) the use does not conform to the bylaw,
the use may be continued as a non-conforming use…
(6) In relation to land, subsection (1) or (4) does not authorize the non-conforming use of land to be continued on a scale or to an extent or degree greater than that at the time of the adoption of the bylaw under this Division.
So, the Langford noise bylaw was passed in December 1982, which means that Western Speedway cannot make more noise then in 1982. This is clearly not the case with the addition of Winter racing, multiple Friday and Saturday events, the addition of a motorbike racing course, Wednesday Hornet racing, etc.
The people just need to tell Langford Council and the Province to uphold the law.
bentover said
Section 911 that you quote ensures that Western Speedway CAN continue to operate. Western Speedway is in conformity with Subsection 6. In 1982, the property’s legal use was motor racing. That use can continue. It was legally permitted to race on any day of the week in 1982 – that can continue. It was legally permitted to have motor racing in any season of the year – that can continue. In 1982, there was no prohibition or limitation as to the types of motorvehicles raced . . . motorcycles, cars, midgets, or to the type of racing . . . . demos, hit to pass, oval, figure eight . . . all those uses are in conformity with the historic uses and all the various types of racing may be continued.
Anonymous said
The track is clearly in violation of the cities noise bylaw end of story, Langfords council clearly just does not care and slowly but surely Langfrod resident will be the ones who end up paying for it, hell the mayor lives in Sidney! Stewie always stated that he want to make Langford a great place to live why doen’t he live there?
Tick Tock said
Just a couple of key points for both sides to consider on this issue
1) The Noise Bylaw and the Zoning Bylaw are 2 distinct bylaws so no matter what position you take on this matter one has to accept the fact that you can not mix “apples and oranges”(ie: noise/land use) when making ones points otherwise the whole discussion becomes confusing and a lot of comments are misguided and don’t relate to what is lawful and what is unlawful.
2) It is clear that Western Speedway is,at times, in contravension of the Ciy’s Noise Bylaw. And by now it is obvious for the world to see that the Mayor and Council have decided not to enforce this Bylaw. My understanding is that there is no clear legislation that requires Municipalities to enforce their Bylaws ,unless,perhaps, through a court action whereby a Judge instructs the Municipality to proceed with enforcement.
3) The issue of “non-conforming ” land use rights is ,as noted by an earlier contributer, outlined in Section 911 of the Local Government Act. In my view, the critical paragraph in this Section is Subsection (6) which essentially states that a non-conforming use cannot be expanded following the adoption of the Zoning Bylaw that results in making a once conforming use non-conforming ( ie. if one has a legal use on a property and a Municipality adopts a new Bylaw that will now make a use on that land illegal ,that use( eg. building,parking etc.) and that use only ,is provided with non-conforming rights. Any expansion of that use that has non-conforming rights as a consequence of an adoption of a Municipal bylaw is not legal unless it conforms to the new bylaw or a newer bylaw is adopted by Council).
4) The wording of the original Bylaw( if there is one) that allows the subject property to be used to race vehicles is also very important to know.
A question for Anonymous–Do you mean Langfrod,Langfred,Langfreud.Lanfraud or Langford??
tick tock