The Midlands' top tourist attraction last night said it would not have to close despite neighbours winning a landmark court ruling over noise. Alton Towers in Staffordshire is likely to be served with a noise abatement order after a judge found in favour of Stephen and Suzanne Roper, who claimed their lives had been made a misery by the theme park. The couple, whose property in the picturesque village of Farley backs on to Alton Towers, said late-night displays coupled with a constant stream of excessive noise caused by the whirr of rides and screams from thrill-seekers had made their lives a "nightmare". At a hearing at Stafford Crown Court yesterday, District Judge Timothy Gascoigne found the attraction's London-based owners, Tussaud's Theme Parks Ltd, guilty of statutory noise nuisance under the 1990 Environmental Protection Act. The judge said he had visited the Ropers' home, Farley House, which lies just 100 yards from the main entrance, last month. "I could clearly hear the screams from the riders on Oblivion," he told the court. He also found that noise associated with a corporate event organised for employees of telecoms giant BT, featuring live bands, had ruined a weekend when Mr Roper and his wife were trying to relax in their back garden with guests. As for fireworks at the site, the judge said: "I find they are intrusive. In context, Alton Towers in a conservation area aims to set off the loudest fireworks in Britain." Alton Towers yesterday said it was not sure what measures it would take to remedy the noise but ruled out closing the site. "That is not a consideration at all," said a spokeswoman. "Alton Towers is naturally very disappointed with this verdict and we will now consider the implications of the judgment while we work towards a compromise solution. "However, we are a theme park and it is inevitable that there will be some noise associated with our business. We are also the major employer in the area, and a catalyst for the development of hundreds of other support businesses. We do not believe that this decision is representative of the level of actual complaints received or the feelings of the majority of our local residents." Mr Roper, a pottery firm boss who moved with his wife to Farley ten years before Alton Towers introduced its first rollercoaster, expressed his relief after yesterday's ruling. "We are delighted after 25 years of misery. We hope now we can work with Alton Towers as good neighbours in the future," he said. The Ropers' solicitor, Richard Buxton, added: "It has never been our intention to close down Alton Towers but after 25 years of escalating noise we seek a level of civilised behaviour." Their barrister, Martin Diggins, added: "The case is a historic victory for the little guy against the giant corporation and for the environment in general. "The usefulness of this type of legislation as a means for ordinary individuals to control the activities of major companies has been heavily underlined by this result." Bob Lawrence, spokesman for West Midlands Safari and Leisure Park at Bewdley in Worcestershire, said: "The ruling could have serious implications for the leisure industry but we would have to have a detailed look at it, as I am sure other theme parks across the country will be doing, before we would want to comment further." | 
