MCU14/0039 - Response to noise complaint - Councillor Response

Subject: MCU14/0039 - Response to noise complaint Councillor
From: Jack Lewis <[email protected]>
Date: Thu, 19 Jun 2014 01:24:59 +0000
To: "[email protected]" <[email protected]>

#ECMBody

From: Tony Wellington
Sent: Wednesday, 18 June 2014 5:33 PM
To: [email protected]
Cc: Bob Abbot; Frank Pardon; Sandy Bolton; Joe Jurisevic; Frank Wilkie; [email protected]; [email protected]; Jennifer Sadler; Beverley Starkey; [email protected]; Jack Lewis
Subject: Re: MCU14/0039 - Response to noise complaint

Thanks for passing on your concerns to my fellow Noosa Councillors, Nigel. I have been keeping them appraised of the situation relating to the Tomato Farm development on Lake Macdonald Drive.

Please note that this development is currently under assessment by our expert staff. Accordingly, we Councillors cannot attempt to influence that process nor pass judgement on the development while the process is underway.

As you know, I have done my best to facilitate dialogue between staff and residents, and I have also placed requests with staff for various investigations to occur, including that of noise nuisance.

The MCU is "code assessable" - which means that the proposed use is appropriate for the zoning, fits with the planning scheme, and the approval/refusal decision can be made at the staff level without being referred to we elected councillors for determination. If, however, there is sufficient community interest, it may be that the matter will be referred by staff to a council meeting. That cannot be presumed under the circumstances.

I understand that this process may be frustrating for residents such as yourself. No doubt you would prefer that councillors take a pre-emptive position. However, councillors are expected to keep an open mind about development applications until they have been fully assessed and until we have been provided with all necessary information. No councillor would be able to make a judgement call until viewing the final staff report.

As I have explained previously, being code assessable, there is no formal public notification stage for this MCU, and thus no formal process for public submissions. Nevertheless, our Coordinator Development Assessment, Kerri Coyle, has stated that she is happy for her planning staff to receive any concerns that residents may have regarding the development proposal.

In the meantime, I understand that staff have been working with both the applicant and residents to find a suitable outcome on the noise issue.

Please let me know if you require further information or if I can help in any other way.

Cheers
Tony Wellington
Councillor
Noosa Council

Phone:       07 5329 6105
Email:        [email protected]<mailto:[email protected]>
Website:    www.noosa.qld.gov.au<http://www.noosa.qld.gov.au/>
Location:   Level 3, 9 Pelican Street, Tewantin
Mail:          PO Box 141, Tewantin, Qld, 4565


Please consider the environment before printing this email





On 18 Jun 2014, at 4:28 pm, "[email protected]<mailto:[email protected]>" <[email protected]<mailto:[email protected]>> wrote:
Dear councillors, when given the opportunity could you review the process and correspondence in relation to this MCU application.
Additionally the noise from the construction and operation during night hours is outside the permissible range- myself and others on Lake Macdonald road have to listen to the generator all night. It can be heard inside the house with the doors and windows closed.
After finally getting someone out to look at the noise side of it, some remedial work has been carried out to reduce the noise, but it still penetrates the house at night.
I have discussed this issue with planning, and Tony Wellington recently, please consider not approving further expansion of this project.

Please call to discuss

Sent from my iPhone.
Nigel Starkey

Begin forwarded message:
From: "Starkey, Nigel" <[email protected]<mailto:[email protected]>>
Date: 18 June 2014 1:46:30 PM AEST
To: "[email protected]<mailto:[email protected]>" <[email protected]<mailto:[email protected]>>
Subject: FW: MCU14/0039 - Response to noise complaint


From: Jack Lewis [mailto:[email protected]]
Sent: Wednesday, 18 June 2014 1:06 PM
To: Starkey, Nigel
Cc: Tony Wellington; [email protected]<mailto:[email protected]>; [email protected]<mailto:[email protected]>; [email protected]<mailto:[email protected]>; [email protected]<mailto:[email protected]>; [email protected]<mailto:[email protected]>; [email protected]<mailto:[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

<image001.gif>




------------------------------------------



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.





This message and any attached files may contain information that is confidential and/or subject of legal privilege intended only for use by the intended recipient. If you are not the intended recipient or the person responsible for delivering the message to the intended recipient, be advised that you have received this message in error and that any dissemination, copying or use of this message or attachment is strictly forbidden, as is the disclosure of the information therein. If you have received this message in error please notify the sender immediately and delete the message.

________________________________
This message and any attached files may contain information that is confidential and/or subject of legal privilege intended only for use by the intended recipient. If you are not the intended recipient or the person responsible for delivering the message to the intended recipient, be advised that you have received this message in error and that any dissemination, copying or use of this message or attachment is strictly forbidden, as is the disclosure of the information therein. If you have received this message in error please notify the sender immediately and delete the message.