A LEGAL victory by Hart District Council over an Odiham farmer who operates a motocross park has brought to a close a four-year battle. District Judge Gillibrand delivered his judgement on an appeal by past council leader, Robert Benford of Down Farm, near RAF Odiham, against a Noise Abatement Notice issued by Hart in November 2005. The victory follows a series of setbacks for the district council, which lost three previous hearings, but although the judge criticised Hart for issuing, without warning, an abatement notice when one was already in place, he said the council was acting within its legal rights. The abatement notice will not prevent the motopark from operating, but requires the nuisance to be controlled. Mr Benford fought strong opposition from residents and Hart over his plans for the motopark. The council, he says, has always refused to meet him to discuss the issue, and he expects continued monitoring of the site, which he believes has a positive role to play. He said: "Many hundreds of young people have used the facility since 2003, and demonstrated to almost everyone in the locality, that no harm would result from their presence. "The motopark delivers significant social benefits for the wider community, by encouraging young people to participate in a sport with a 100-year history, as an alternative to the television and drug dealers. "The motopark caters for all ages from six years old to 70, but half the customers are under 16. "These younger customers are spending quality time with their fathers on a 1:1 basis, something which not many sports can deliver." Judge Gillibrand said that the council's approach had been heavy-handed, and that the Benford's case was not without merit. He ordered the Benford's to pay £25,000 towards Hart's costs. Hart had sought £82,000. Cllr James Radley, Hart cabinet member for planning, said: "I'm pleased that the stance by the officers has been vindicated by this victory. "Residents will be relieved because it has been quite stressful, but I do understand the need for recreational pursuits and one of the side effects of this decision is that motocross will be less available. "I hope Mr Benford might be able to talk to us to further sport in the district somewhere where it is not a public nuisance."