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Council Minutes - Town of Cambridge

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COUNCIL MINUTES<br />

TUESDAY 20 DECEMBER 2011<br />

DV11.125 APPLICATION - FOUR 'NON-COMPLYING EVENTS' (CONCERTS) IN A 12<br />

MONTH PERIOD AT WA ATHLETICS STADIUM, MT CLAREMONT<br />

PURPOSE OF REPORT:<br />

To consider the application to conduct up to four non-complying concerts events in any 12<br />

month period at the WA Athletics Stadium, Mt Claremont.<br />

BACKGROUND:<br />

The Western Australian Sports Centre Trust trading as VenuesWest have submitted an<br />

application to conduct up to four non-complying events in any 12 month period at the WA<br />

Athletics Stadium, Mt Claremont.<br />

In terms <strong>of</strong> the Environmental Protection (Noise) Regulations 1997, an approved non-complying<br />

event is a sporting, cultural or entertainment event, that is open to the public, that is likely to<br />

generate noise levels well above the assigned sound levels for the area; and the event would<br />

lose its character or usefulness if it were required to comply with the assigned sound levels.<br />

In such circumstances a conditional Regulation 18 Approval for a Non-complying event is<br />

issued by the local government Chief Executive Officer. The Regulations define that noise from<br />

such an event is not unreasonable if it is emitted in accordance with an approval granted under<br />

regulation 18.<br />

Sub-regulations 18(11) and (12) <strong>of</strong> Environmental Protection (Noise) Regulations 1997 requires<br />

that the Chief Executive Officer may not approve the holding <strong>of</strong> more than 2 non-conforming<br />

events at a particular venue in any period <strong>of</strong> 12 consecutive months unless the CEO is satisfied<br />

that the majority <strong>of</strong> occupiers on whom the noise emissions will impact have no objection to the<br />

holding <strong>of</strong> the additional events. Further, that an approval cannot be given unless the local<br />

government <strong>of</strong> each district in which the noise is received agree to the proposed conditions<br />

applicable to the approval.<br />

This sports facility is located within the <strong>Town</strong> <strong>of</strong> <strong>Cambridge</strong> and the City <strong>of</strong> Nedlands; the local<br />

government boundary bisects the facility. As a result, both local authorities have legislative<br />

authority over the venue. In this particular aspect, the stage is located within the <strong>Town</strong>, so<br />

<strong>Cambridge</strong> is the approving authority in terms <strong>of</strong> the Noise Regulations.<br />

DETAILS:<br />

VenuesWest hosted the Stevie Nicks concert at the WA Athletic Stadium on 26 November<br />

2011. At the time <strong>of</strong> application, VenuesWest were encouraged and finally agreed to orientate<br />

the stage so that noise was directed to the west rather than the east, as originally planned. This<br />

gave a large buffer <strong>of</strong> bushland and sports facilities to help attenuate noise before it was<br />

received at residential properties in Mt Claremont.<br />

The Regulation 18 approval issued by the <strong>Town</strong> for that event applied a sound limit <strong>of</strong><br />

LAeq,1min level <strong>of</strong> 100 dB (at 30 metres). That sound level limit was allowed to be exceeded<br />

by no more than 3 dB(A) on no more than thirty occasions during the approved concert time.<br />

H:\CEO\GOV\COUNCIL MINUTES\11 MINUTES\DECEMBER 2011\B DV.DOCX 110

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