Funnell v Blayney Shire Council [2021] NSWLEC 1241

Land and Environment Court New South Wales

Medium Neutral Citation: Funnell v Blayney Shire Council [2021] NSWLEC 1241 Hearing dates: 22-23 March 2021 Date of orders: 14 May 2021 Decision date: 14 May 2021 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are as follows: (1) The appeal is upheld. (2) The Prevention Notice issued on 21 July 2020, which seeks to minimise and mitigate the noise generated from dogs kept on Lot 44 DP 750408, also known as 73 Somers Lane, Mandurama is varied, subject to preventative actions and plan described in Annexure A. (3) The exhibits are returned, except Exhibits 1, 2, 5, 6, 8 A, D and O. Catchwords: PREVENTION NOTICE – noise associated with keeping of dogs – offensive and intrusive noise assessment – noise mitigation measures Legislation Cited: Evidence Act 1995 Land and Environment Court Act 1979, s 39 Protection of the Environment Operations Act 1997, ss 95, 96 and 289 Cases Cited: Funnell v Blayney Shire Council [2020] NSWLEC 170 Texts Cited: Environment Protection Agency, Noise Policy for Industry 2017 Environment Protection Agency, Noise Guide for Local Government 2013 Category: Principal judgment Parties: Alita Ann Funnell (First Applicant) Keith John Selten (Second Applicant) Blayney Shire Council (Respondent) Representation: Counsel: T Cork (Solicitor) (Applicants) J Reid (Respondent)