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Nuisance neighbours and trailbike noise advice

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vegascat View Drop Down
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Joined: 16/February/2017
Location: Australia
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  Quote vegascat Quote  Post ReplyReply Direct Link To This Post Topic: Nuisance neighbours and trailbike noise advice
    Posted: 16/February/2017 at 16:07
Hi all,

Hoping someone can shed some light on what to do. We're building a new home, almost finished, but currently living in two caravans. We have rather nasty neighbours who are taking revenge on us because their 3 hunting dogs tried to kill our pet cat on our land. I let him off with no council when it happened in April last year as he promised to get rid of the dogs. He not only didnt get rid of them, he built a new cage to house them in, but then let them out again and they were coming over again to our property thru fencing that was never fixed.

I have 3 small children and my wife and I are simply petrified of these blasted dogs. They are extremely dangerous but owner didn't seem to care about anyone elses safety. So I finally had enough and reported it to council. They slapped him on the wrist basically, made him fix fences and keep them locked up etc.

Problem is now they are riding their motorbikes and quadbikes up and down our fence line every single day and the noise is simply putrid. I think they have taken mufflers off something. I have measured the noise at 74db INSIDE our shed. our house is a little closer to them than the shed so even louder. The rev the crap of their bikes right opposite where we are building and living. It is 100% aimed at us. They never used to ride the bikes, only a mini bike is all I ever saw. not its loud 450's or whatever they're called. throwing up as much dust as possible, all to enact their revenge.

Neighbour threatened me when the council acted, said 'lookout cnt, you're gone'. I said thanks for your kind words and walked off.

It's been month and months now and there is no let up in sight. My wife is very distressed and not coping, they are ruining our lives before we even get to live in our new home. I get that they're upset and angry, but when little kids are in danger you have to take care of your family. Why adults have to act this way is beyond me, how many chances do you give someone before calling out for help?

It's very nasty. We haven't reacted to it, we try to ignore it but its impossible. I cannot think of what to do, my wife is afraid to go Police, is paranoid about them trying to kill our children or other pets, that stops me in my tracks really. I assume they have plenty of guns and knives given they have hunting dogs. They are not approachable on any level. very very nasty people.

What do I do? call the Police? I have plenty of videos of them doing their revenge work, it's not hard to miss. You cannot escape that sort of noise, it engulfs your entire soul and it's not just the noise it's the message behind it. We cant move, we dont want to, well the wife does, she's had enough.. far out what a nightmare!

cheers!
J

citizen-joe View Drop Down
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Joined: 09/October/2005
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 16/February/2017 at 18:21
What do I do? call the Police?
Yes. Give the police the facts, without the emotion, save to saying that you are scared of these people.
Also keep a diary, take photos and make sound recordings. All will come in handy when this ends up in court.

Also keep squeaky clean, don't do anything provocative, don't yell at them, you don't want to give them any defence to use in court.

vegascat View Drop Down
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Joined: 16/February/2017
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  Quote vegascat Quote  Post ReplyReply Direct Link To This Post Posted: 16/February/2017 at 21:14
Originally posted by citizen-joe

What do I do? call the Police?
Yes. Give the police the facts, without the emotion, save to saying that you are scared of these people.
Also keep a diary, take photos and make sound recordings. All will come in handy when this ends up in court.

Also keep squeaky clean, don't do anything provocative, don't yell at them, you don't want to give them any defence to use in court.


Thanks so much citizen joe for your advice! Yes we are scared, especially my poor wife, she is being ruined, only hanging on by a thread. Its very draining, she can't exist like this is and is threatening to take the kids and move to safer place, which mind you, we cannot afford to do given we're building a home. It's more than noise.. every time we hear the bikes start up we get anxious, our hearts beat harder, the blood pressure goes up, it's so awful. She, we, have no idea how to deal with this. They have it in for us plain and simple, all over something he allowed to happen. bloody dogs, so much trouble.. well really it's the owners fault, they had the opportunity to make it right and they let us all down, put people and other animals at risk. We cant have risk, it's not that hard to do the right thing is it? I guess it is for some..

With the threat he made, it's his word against mine, so not sure if I could even get an AVO against him?

Diary is filling up fast and no we aren't saying anything, not even looking at them just recording from a safe distance.

Why would it go to court? I don't really want to get dragged into some long drawn out battle.. ? We are not looking for compensation, just want it to stop.. but if they effect the sale of the property then I assume that's the next option.. Wouldn't even know if it would stop if we tried to sell, they'd be happy for us to go, but happier if we went broke at the same time.

From what I understand, the Police have the power now to issue noise abatement notices to people on their own property, something about unlawful use of your own land?

At the end of the day, living in a toxic environment is a no win situation. You live in constant fear, you race back from the shops expecting to find your kids and wife dead. Its just that bad, they are so arrogant, so nasty and hateful and I've come to the conclusion they love it, they are just subhuman people.
No we shouldn't have to live like this, but can you imagine their next move if say Police or council stop them riding their bikes and quads? Just based on how they've reacted so far, I cannot imagine any favourable outcome for my family.. Nobody, anywhere, is going to make them realise they're in the wrong..

Pretty shattered.

citizen-joe View Drop Down
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Joined: 09/October/2005
Location: Australia
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 17/February/2017 at 01:14
No, it may not end up in court, but the sort of people you have described are known to try to blame others for what has happen when the police act on your complaints. Having the evidence to refute that and also show what living next to them is actually like, will help ensure a restraining order against them is granted.

A call to the environmental protection office about the noise and rubbish etc. could help and you may need to make a written complaint, complete with some evidence, and describing your fear, to the police, with a copy to the commissioner if it is not acted on in a reasonable period of time. You may need to do this more than once.

If nothing changes in a reasonable time frame, perhaps you should talk to your solicitor for his assistance in making an effective complaint to the police, council and other relevant authorities.

Eddy View Drop Down
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Joined: 14/December/2012
Location: Australia
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  Quote Eddy Quote  Post ReplyReply Direct Link To This Post Posted: 17/February/2017 at 14:30
Sorry to hear about your predicament. Just remember you haven't done anything wrong and you have every right to be treated properly. Likely that you don't have anything to worry about safety wise (I've heard of bad neighbours doing worse things) - unless they are complete nutters they still have to be careful themselves about getting a criminal record.

In the first instance look after the health and well being of you and your family (sounds like it's taking a toll on your wife) - unfortunately you may be better off moving to get away from the situation.

vegascat View Drop Down
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Joined: 16/February/2017
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  Quote vegascat Quote  Post ReplyReply Direct Link To This Post Posted: 18/February/2017 at 14:29
Thanks Eddy for your reply.

Friday day they were out there with a earthmover building bigger bike jumps and blowing up a heap of dust.
Racing around revving the hell out of their bikes, and as soon as the noise starts my wife shuts down, sobbing, not coping.
Something has to be done. They're going to render this property unusable. We're already not coping, imagine being 3 times closer to the noise.

rannii View Drop Down
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Joined: 25/May/2013
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  Quote rannii Quote  Post ReplyReply Direct Link To This Post Posted: 24/February/2017 at 08:28
Talk to the council - they should have a "noise complaint" section.

They can impose fines/penalties etc.   you need to be consistent.   The first breech they are usually very light on.   But subsequent breeches they start getting angry etc and placing penalities. They can have some impact.

My council used video evidence (mainly noise heard in my bedroom at 4am) as evidence to prove the nusience.

Best of luck!

vegascat View Drop Down
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Joined: 16/February/2017
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  Quote vegascat Quote  Post ReplyReply Direct Link To This Post Posted: 27/February/2017 at 11:57
Originally posted by rannii

Talk to the council - they should have a "noise complaint" section.

They can impose fines/penalties etc.   you need to be consistent.   The first breech they are usually very light on.   But subsequent breeches they start getting angry etc and placing penalities. They can have some impact.

My council used video evidence (mainly noise heard in my bedroom at 4am) as evidence to prove the nusience.

Best of luck!


Hi Ranni,

it's a Police issue, council don't the power to enforce noise levels on rural land, or so they say at this point.
I'm onto it.

cheers!

Luisa View Drop Down
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Joined: 08/June/2010
Location: Australia
Posts: 198
  Quote Luisa Quote  Post ReplyReply Direct Link To This Post Posted: 10/April/2017 at 10:39
Noise nuisance is deal with under Environmental Protection. Enforcement is usually devolved down to council in urban areas, but in rural areas your State Envir Prot Dept should be able to step up. That might just be advice at this stage.
Depending on what earthworks your neighbours are doing EPA may be interested in other matters too eg dust, disruption to water flow.
I suggest the police are not going to be much use to you, these people sound like the sort who will keep escalating as you escalate to the police. I would be more inclined to take a multi pronged approach. Talk to a duty planner at council to find out what your neighbours are and are not able to do on their land. Lodge a complaint if they are breaching council planning rules. Then talk to the EPA about what the EPA can regulate. Police can come in if the personal threats continue.
Also when talking to council emphasise the 'property value' issue. Council can't and won't do anything about personal clashes, however if these people's actions are causing property values for neighbours to erode, council will be interested. If nothing is done, you can use that as a basis to have your land devalued next valuation cycle. That is extreme but you can lever off it if you have to, to make the case to council.

vegascat View Drop Down
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Joined: 16/February/2017
Location: Australia
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  Quote vegascat Quote  Post ReplyReply Direct Link To This Post Posted: 12/April/2017 at 17:51
Originally posted by Luisa

Noise nuisance is deal with under Environmental Protection. Enforcement is usually devolved down to council in urban areas, but in rural areas your State Envir Prot Dept should be able to step up. That might just be advice at this stage.
Depending on what earthworks your neighbours are doing EPA may be interested in other matters too eg dust, disruption to water flow.
I suggest the police are not going to be much use to you, these people sound like the sort who will keep escalating as you escalate to the police. I would be more inclined to take a multi pronged approach. Talk to a duty planner at council to find out what your neighbours are and are not able to do on their land. Lodge a complaint if they are breaching council planning rules. Then talk to the EPA about what the EPA can regulate. Police can come in if the personal threats continue.
Also when talking to council emphasise the 'property value' issue. Council can't and won't do anything about personal clashes, however if these people's actions are causing property values for neighbours to erode, council will be interested. If nothing is done, you can use that as a basis to have your land devalued next valuation cycle. That is extreme but you can lever off it if you have to, to make the case to council.


Thanks Luisa, yes I spoke to the EPA, in Qld they said they only deal with industrial issues not residential and they put it back onto the council who haven't done anything as yet re dust.

Property value indeed. I dont think anyone in their right mind would buy a property with a trail bike track near it.

I really think litigation might be the only solution if nothing else is done. I think we have a strong case. Certainly a lawyer I have met with thinks so. It is harrassment plain and simple, disguised as trail bike use. So obvious I'm almost embarrassed for them. They are lacking upstairs and don't know how to control their emotions.

cheers!

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