[NoPain]

Thanks again for your reply and the links, I have previously had a look at these and did mention these to the council and the owner. The DA as they have both quoted does stipulate the noise level of up to 50-60decibels of noise during the hours of operation to their nearest neighbour also stipulated in the DA. THe council have said as this has been ‘tested’ to show they are not breaching the DA levels then there is nothing further the council can do regarding a noise complaint, even if another neighbour complained as the council will say that the issue has already been registered and investigated as not breaching the DA. 

I am am assuming now that I can try to communicate again to the council and point out the noise definition under the act and see if they will take any further action, otherwise my next step is probably the mediation option?

[NoPain]

Thanks for your reply. Our strata manger has confirmed again that the retail and residential are under two different strata’s and he does not know who manages the retail strata. They are trying to obtain the DA but can’t obtain the bylaws or leases for us. He has also agreed to write a letter to express our concern.

I am interested to find out more about your reference to prohibited hours. Could you tell me more about this – do you mean outside of the operation hours stated in the DA? The DA I’ve been told (when the council visited with the sound technician) that they can operate from 5.30am. Is there anyhwere else that would say they can’t operate from this time.

[NoPain]

One thing I didn’t mention was the gym owner has engaged the sound tech and we don’t know what the recommendations were but the gym owner has advised they are putting in further sound proofing matting and have asked us to test this. They have said also they have been trialling this but honestly we feel it hasn’t improved and now I hear music which I wasn’t hearing before.

[NoPain]

Thank so lady Penelope for your reply. I have spoken to the strata manager who has advised that the residential and retail space are under different by laws so neither by laws apply to each other and therefore no one is breaching these as they don’t apply.

Apparently the DA has approved the operating and sound levels and because the council has been out and deemed there are no sound breaches they are not breaching the lease.

We are just so surprised that a council thinks it is ok for a gym to operate at this time above a residential apartment….6:30 am would be more bearable… I am not sure we would be able to request a copy of the lease, but I will see if the strata manager can do this.

The EC in my view is very self interested there are certain things they take up but one member has clearly text the group to say our issue is only affecting one resident.

I feel the EC and strata manager and the council are all negligent in taking this seriously and they all seem to think we should have to live with it or live somewhere else. Thanks for your comments, I guess legal advice is our next step.

[Author]

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