2021-10-21 Ordinary Meeting Minutes

ORDINARY MEETING MINUTES   21 OCTOBER 2021




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ORDINARY MEETING MINUTES                                                                 21 OCTOBER 2021

                under subsection (2)iv) of the intention to issue a compliance notice and provide them with
                2 reasonable opportunity to respond to the requirement to undertake works prior to giving a
               compliance notice.
                (4) The authorised person must only give a compliance notice where it is likely to assist in
                achieving an acceptable residential amenity.
                   Explanatory note: See LL) 527 for giving a compliance notice.

        Duty of Council
            4.  (1) Council has a duty to investigate any notice of unacceptable residential amenity.
                (2) Council has a duty to remedy as far as is reasonably practicable all unacceptable
                residential amenity.
                (3) If the Council is of the opinion that the unacceptable residential amenity is better settled
                privately, advise all relevant parties of any available methods for settling the matter
                privately.
               Example: Where a dispute may be best resolved in a Segal action Counc!! would suggest the parties seek legal
               advice. Where a dispute may be best resolved in mediation Council would suggest the parties seek mediation.

        Definitions
        The definitions should be in the local law not the subordinate local law.
        Acceptable residential amenity means:
        Achieving a fair balance between a persons right to live in a premises and the rights of others in the
        neighbourhood to enjoy being there.
        Acceptable residential amenity will involve a consideration of impacts from nuisance, noise, light
        intrusion, and overlooking.
        Unacceptable residential amenity means;
        Unacceptable residential amenity will involve a consideration of impacts from nuisance, noise, light
        intrusion, and overlooking.
        Where noise levels exceed those set out in table XYZ they will be deemed to cause unacceptable
        residential amenity.
        (Insert table: Noise levels should not exceed DBA [insert from reports differing daytime and nigh
        time levels))
        Lighting exceeding (Lux at boundary) is deemed to cause unacceptable residential amenity.
        A series of nuisance, noise, lighting or overlooking events that individually would not be
        unacceptable but because of their frequency or duration are unacceptable.

        See Padley v Foley (1983) 32 SASR 122 at 129 for scope of the definitions set out above.

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