MCU14/0039 - Response to noise complaint

Subject: MCU14/0039 - Response to noise complaint
From: Jack Lewis <[email protected]>
Date: Wed, 18 Jun 2014 03:05:52 +0000
To: "[email protected]" <[email protected]>

#ECMBody

From: Jack Lewis
Sent: Wednesday, 18 June 2014 1:05 PM
To: '[email protected]'
Cc: Tony Wellington; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'
Subject: FW: MCU14/0039 - Response to noise complaint


Hi Nigel



Please note the following answers to your questions:



- If the work is not to be stopped can you explain why they are able to operate outside the law, or am I missing something.



The applicant was issued a breach notice to either cease the use or lodge a code assessable application for the use of the Rural zoned property for Cultivation Type 2 (Greenhouses). The applicant has subsequently lodged the development application, which Council is currently assessing. The applicant is continuing to operate the shed while the application is being assessed.



- Do they have an approval to legally operate? Yes or no



Although the site does not have approval for the new use as a greenhouse, a development application has been lodged for the existing greenhouse and proposed further 2 greenhouses on the site. Council has requested the manager of the site to rectify the immediate impacts associated with traffic, noise and stormwater as a result of the construction of the existing greenhouse.



- Are they allowed to operate an audible generator between 7pm and 7am?  Yes or no



The Environmental Protection Act includes noise limits for regulated devices (including generators) as follows:-



Noise from the device cannot be clearly heard at premises between the following hours: 7pm to 7am - on a business day or Saturday; 7pm to 8am - on any other day.



Council has currently been working with the manager of the site to reduce the noise emanating from the generator so the generator is not clearly heard.  It is noted that the generator is now enclosed, which our inspection and noise testing shows has significantly reduced the noise levels.  At this stage Council will not be directing the tomato farm to cease operations and will be continuing through the application assessment to ensure that potential noise impacts are satisfactorily mitigated.



If you would like to discuss your concerns further, please do not hesitate to call.



Regards,


Jack Lewis
Development Planner I Noosa Council

Phone:                    07 5329 6236
Email:        [email protected]<mailto:[email protected]>
Website:    www.noosa.qld.gov.au<http://www.noosa.qld.gov.au/>
Location:   Level 2, 9 Pelican Street, Tewantin
Mail:          PO Box 141 Tewantin Qld 4565

[cid:[email protected]]




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Jack, my wife said you guys came out yesterday during the day to look at the noise from the generator at the as yet approved but operational tomato farm.



My understanding is the state and council laws prohibit the use of this equipment between the hours of 7pm and 7am if they make noise.

I would have though a visit at night would have been more productive.



As we can still hear the generator from our place at night, in our home with the windows closed and they are in breach of that law, and they have also constructed and started production without an approved development application, I would like you to stop them from operation at night, as a minimum.



We went through this during the construction and were lied to about what the work hours were - they were never supposed to work noisily during the night but the council did not stop the work after we asked them to.



As per your last email the operation of the generator between the hours of 7pm to 7am if we can hear it is in breach of the law, can you please advise if you are telling them to stop, or if you are not.





Nigel Starkey 18.6.2014



-----Original Message-----
From: Starkey, Nigel [mailto:[email protected]]<mailto:[mailto:[email protected]]>
Sent: Wednesday, 18 June 2014 9:26 AM
To: Jack Lewis
Cc: Tony Wellington; [email protected]<mailto:[email protected]>; [email protected]<mailto:[email protected]>; Jennifer Sadler; Beverley Starkey
Subject: 140618 Noise complaint.docx



Jack can you please read the attached noise complaint and provide answers the questions. Feel free to call to discuss. I would like a stop put on the generator at night.





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