I’M writing regarding the actions by Bathurst Regional Council against a small, newly opened business, Dunkeld Pet Park.
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Council and the business have previously been in the NSW Land and Environment Court regarding noise levels from the establishment. Council’s appointed consultants reported that the business was within NSW Government EPA gazetted noise limits.
Council advised the owner of the business that the EPA noise levels were not applicable in this case. The owner went to court to fight this argument.
The court, unsurprisingly, found that the law was actually the law and did apply in this case and council lost the case to the tune of $200,000 of ratepayers’ money.
Now council is again dragging up the noise levels emanating from the business.
This time council is trying to rewrite science by saying that dog barking is a “tonal” noise and should be measured as such.
Tonal noise is one consistent sound at a consistent tone (reference the Oxford Dictionary), such as an air-conditioner.
Dog barking is not tonal, it is intermittent - at different pitches, at different volumes and at different consistencies.
Council appears to want this matter to go to court again, this time to challenge science.
I’m curious as to how much ratepayers’ money council plans to throw at this matter.
I’m curious as to why council seems to be so against this establishment.
I have written to each councillor asking them about this matter and asking them, among other things, why, when council’s own consultants stated that the establishment met all noise criteria, that council decided to ignore that advice.