Excessive Noise Complaint falls on Deaf Ears

I live within Maroondah Council in Victoria. I have lived at my current address for 8 years.

For the last 5 months I have written several complaint letters to the council about a business emitting excessive noise past 11pm. I have been advised that the business is currently running as a Function Facility without the appropriate licence. It does have a licence to run as a Tavern. Both licences allow the sale of alcohol and playing of music as long as they abide by relevant legislation.

After so many months of doing the right thing I am at a loss as to what I need to do. I contact the Police when the offending noise is occurring, but they never have any cars that can attend. I have corresponded with the planning department via mail, email and phone. I am told the proprietor has been officially warned and yet they still have excessive noise into the early hours of the morning (Usually 1am).

So what do I do now? Do I complain about the council? If so, to whom? Is there anyone that can be contacted to monitor the noise levels when they are occurring (The planning department employee attended on a Friday, but there was no loud music on that particular night). How do I prove my case if no one attends the site when the loud noise is occurring? If the council knows that the business is running as a Function Facility without the appropriate licence, what recourse do they have?

I believe the business Licence number is 32282268. Anticipating your help and a good night’s sleep!

Comments

This problem is easily fixed. Try to involve other residents that share your concerns and who are also challenged by the excessive noise past 11:00pm. Attend the next Ordinary meeting of council and ask the question a public question time. This puts Council on notice publically, they don't like that. Also, start a petition to be tabled at council and never underestimate the power of the Environment Protection Authority (EPA), work with them not against. They have always proven to me to be very good value.

Thanks for the information. I did a letterbox drop to surrounding houses with a copy of my council complaint letter and a "How To" information page for people to follow up themselves. The council says they have not received any complaints from other residents. I am now wondering whether this is true. Thankyou about the information about the council meeting. This will be my next step. Thanks again.

Progress so far - the premises operator has been asked by Maroondah council to hire the services of a noise assessor. This is self regulatory as in the premises causing the excessive noise is required to monitor their own noise levels. The assessor completed the first of three assessments last week to no avail - The noise levels were only 2 decibels above background noise with background noise noted as about 31 decibels (Who would have thought that the owners would turn the music down when they knew someone was assessing them - read sarcasm here) I am now going to hire my own noise assessor. If anyone knows a good one, please post here.

Hi, I have lived in the Monash City Council area for the past 16 yrs. And unfortunately I have had a neighbour that thinks the rules didn't apply to him. He played music from afternoon till the sun came up five nights a week, burnt fires in the back yard every night How ever I did keep a dairy and did get police and council involved did write everyone and anyone who might help. I would love to hear from any one who has had a similar experience's just to see what out come you reached.
P S I no longer live in my home due to windows and roof tiles smashed, tyres slashed and not feeling safe in my home.

To everyone out there. DONT GIVE UP. If you want to get something fixed you have to keep fighting. After constantly calling police, getting signed petitions, noise tests, sending letters and making phone calls to council and forcing action I can say there is some positive action. After more than 2 years of complaining, the council finally started to build a case to take the owners of the business to VCAT. Now 2 1/2 years on the VCAT tribunal is hopefully close. If the outcome of this tribunal does not fix the problem the council can continue to go to the magistrates court. Obviously council is outlaying large amounts of money to take this action and it is necessary to continue to put pressure on them to do the job. That said, I now feel as though the council BELIEVES there is a problem and that I am not just being a nuisance. It is not over yet and I and others have fought long and hard just to be where we are. Good luck to everyone else battling with those who willfully break the law and finding it hard sometimes to get help from those who are meant to help you solve the problem.

I had a major noise problem that took nearly 2 years to get under control. Council measured the noise levels and said they were acceptable, however the residents got an independent noise reading that was much higher. Council said it was not sufficient for them to act on and they had total confidence in their report. The only reason the noise eventually got under control was because the residents contacted the owner directly via phone, meetings and emails. After nearly 2 yrs they finally made some changes no thanks to the council. I would say don't give up but maybe council isn't the only answer, try dealing directly with the owner and try to find common ground which leads to a compromise everyone can live with.

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