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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?