Mod 3 - Noise, Events & Condition Changes

It is absolutely disgusting and unbelievable that after all the lengthy and continued proof of a festival site that self regulates and reports on its own festivals. that has conditions set down by the PAC and is meant to be watch dogged by the D.G. and the DoP ...absolutely NOTHING has been done. NOTHING. The residents around the site are barraged with noise, and they are asking for both high an low noise to be made higher how dare they. The Bluies Festival has a lower DCB s than NBP. Telecommunications on site have been fixed but community's are still having problems which then become a life threatening situation. businesses cannot do there work as computers go down.Now they want to take the ambulance away from the site (REDACTED). We are not vexatious, we are not against Festivals but we are feed up with being treated as if we are a problem to be walked over by both Festival and Government departments. Its been laid out in other submissions ....what the reality of the effects of this mega site is doing and has done to our community's. Hoping that someone in the DoP will finally wake up an not believe all the hype that is being thrown at them by promoters. I do not agree to my submission being shown to the proponent as we don't get to view some of their reports.

I am very concerned about any increase in noise levels from any music festivals held in North Byron Parklands.
I object to allowing any increase in noise limit levels.
As it is now, when Splendour is on we have experienced sleep disturbance due to sudden increases in general noise between the hours of 10pm and 2am.
We live at the end of the valley and I know that the others on Yelgun road are subjected to much worse excess noise.

I wish to object to the proposed amendments to the North Byron Parklands.
As a resident of the local community, the existing requirements are more than adequate, specifically in regard to the noise emissions and timeframes already set, and it would be detrimental to the local amenity of the area to make any adjustments that extended these hours or levels. The bass levels were disruptive as it was - it would be disastrous to allow them to be maintained for longer, at higher levels.

During the last festival, on particular days when the air was still, or the breeze was coming from the north, the sound was disruptive well past midnight - it was like having a doof party on the adjacent property. I am on the watercourse of the Billinudgel nature reserve, and the sound travels brilliantly and cleanly across the water, to my detriment and that of those around me. Despite making a formal complaint, there was no change in the noise levels. Already dealing with increases to the local population and everything that brings with it , an increases in the threshold for future noise levels would be invasive. Especially in the hours up until 3am - that's really, potentially a big problem.

The idea of having the venue open to host smaller, more local activities sounds inclusive, but really flies in the face of what the site is being primed for. We already have the Byron Writer's festival and then activities around the Blues festival at Tyagarah - the shire does not need more sites. In fact, the Tyagarah site is already well serviced and is sited outside of a built up residential area - therefore much better suited to host music concerts. Byron shire does not need a second venue.
A higher usage for the site also puts the local wildlife at further risk - more regular high noise emissions will demand that animals seek refuge elsewhere - and they are already under enormous pressure. If they can't successfully inhabit this site in an ongoing way, there is nowhere else for them to go. This is the only wildlife corridor between the Byron and Tweed shire areas and as such, is very sensitive. The animals need our protection - not increased pressure from higher impact.

Please consider the broad impacts such changes would have in the local community. they are overarchingly negative ones that serve a small percentage of the population, and are not inthe interests of the greater good. Whilst being a music lover, I have also chosen to live here for the lifestyle it offers me and my family - this kind of submission threatens this directly.

With all sincerity,

We are strongly concerned about and object to the request to align noise criteria with standard state wide noise protocols for outdoor venues.

We have examined and studied in depth the amendments to noise limits, request for small community events and administrative amendments (Project Application). The request to align noise criteria with standard state wide noise protocols for outdoor venues does not comply with the Concept Plan Approval and consequently must not be granted. The Commission's general conclusion on outdoor events in the determination of the concept plan and stages 1 and 2 project application dated 24 April 2012 states;

"The Commission has found the recommended noise limits to be inappropriate and has modified them to minimise impact on residents and the community" (PAC Determination, page 11, D100-11 Yelgun Festival Site).

Consequently, the request to align noise criteria with standard state wide noise protocols for outdoor venues ignores the reasons that the Commission instigated these noise limits because of the extreme sensitivity of the site. The other outdoor venues that the standard state wide noise protocols apply to are not situated directly within a NSW State recognised Significant Wildlife Corridor containing 50 threatened species included in the NSW TSC Act & the EPBC Act nor are they situated directly within a very quite rural locality adjacent very quiet small town settlements.

The NSW Office of Environment and Heritage raised concern that the proposed event frequency with associated noise, lighting and general disturbance would impact on fauna behaviour (PAC Determination, page 7, D100-11 Yelgun Festival Site). The Commission stated;
"It is very clear to the Commission that it is very hard to forecast cumulative impacts of events of this kind on the ecology of the area" (PAC Determination, page 7, D100-11 Yelgun Festival Site).

"The Commission agrees with the OEH's recommendation....The concern about noise impact is not only about residential amenity but also the impacts on fauna....Of particular concern is the recommendation to allow loud music... given the frequency of these outdoor events in a rural area where the background noise is generally lower than in an urban area" (PAC Determination, page 8, D100-11 Yelgun Festival Site).

The Commission agreed with the State Government departments that a precautionary approach was warranted to lessen the impacts on a quiet rural and residential locality and to lessen the impacts on the ecology and biodiversity of the NSW State recognised Significant Wildlife Corridor. This determination was decided upon after rigorous examination by the Commission on the submitted study `A Review of the Effects of Human Intrusion and Disturbance on Wildlife; Reference to a Proposed Permanent Cultural Events Site at Yelgun, NSW' by ecologists Dr. A. Benwell and D. Scotts April 2010. This determination was also decided upon after rigorous examination by the Commission on the submissions, representations and studies presented to the Commission by individual community members, residents, community groups, State Government agencies, Byron Shire Council and the proponents.

Consequently, the Concept Plan Approval and the determination of the concept plan and stages 1 and 2 of the project are best served by not introducing new pressures such as the request to align noise criteria with standard state wide noise protocols for outdoor venues as this will add to the cumulative effects on a recognised sensitive area. Thus we are strongly concerned that an agreement for this request would result in additional cumulative effects and pressures on the wildlife corridor of regional conservation significance.

Beyond this matter we support the request to better manage and include limits for lower frequency sound emissions from events held at the venue. We also support small community, non-music focussed events such as school cross country runs, open air cinema, and charity days to be held at the site and to adjusting consent condition wording to remove ambiguity, regulatory duplication and correct wording errors.

* Byron Shire Council acknowledges that the Department of Planning and Environment is the consent authority for the proposal and should therefore consider all impacts arising from the modifications.

* Noise impacts associated with the event site is a key community issue. Council is particularly concerned with conditions that relate to noise levels as Council has received a number of complaints from the surrounding residents in relation to previous events.

* Council understands that it is the Department of Planning and Environment's role to enforce the conditions of the development approval, including noise monitoring.

* The Department of Planning and Environment should not support the modifications unless satisfied that the proposal will not result in significant adverse impacts on the natural and built environments and the amenity of the locality.

* If the proposal is supported, the Department should ensure adequate measures are applied to mitigate impacts where appropriate.

My submission is attached in PDF format. Please see that document for my comments.

Please see my attached submission as a PDF file.

Please see PDF attachment

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While I think music festivals are great. I believe they should be held in the right place.

The current site that is being trialled and proposed to have sound level increases is the WRONG place for numerous reasons.

50 threatened species; Aboriginal sacred sites; the last major wildlife corridor in far north NSW connecting the World Heritage Wollumbin forests with the coastal lowlands.

Under the National Parks and Wildlife Act of 1974, it is illegal to harm threatened species. http://www.environment.nsw.gov.au/resources/cultureheritage/npwact/10703npwfacts3.pdf

I believe this festival does harm threatened species and can not understand why the government is turning a blind eye to this and allowing the festival to break the law. Financial gain should not be a reason to break the law and sets a dangerous precedence.

Increasing noise levels will stress out, causing harm to threatened species and a music festival should not be above the law!

Please refer to attached document

See attached submission and accompanying document

Please acknowledge receipt of our submission which is in two parts (main body of submission & Appendices)

Submission attached

My submissionis on behalf of The Middle Pocket and Yelgun Progress Association. The association represents the closest neighbours to North Byron Parklands.
We ask the Minister to reject the proposed increase in allowable dBA noise levels as requested in the modification of the consent conditions by the proponent.
As noise has been, and is, an ongoing major issue that affects the residents in our area, any increase in noise levels will directly and adversely impact on residents amenity.
Since commencement of the trial period we have been subject to intrusive sound from the festival site during operation. We note that the proponents have stated that they are working on getting the sound right so that the surrounding community and our members are not adversely affected by excessive noise,
We strongly object to any increase in allowable levels of dBA along with a request that lower register base sound levels be set appropriately, to reflect the need to protect residents rights to peaceful coexistence against North Byron Parklands ongoing commercial operation.
In support of our submission find attached the independent review by AcousticWorks commissioned by The MP &Y Progress Association of The Splendour in the Grass 2014 Noise Monitoring Report by Air Noise Environment Consultants.
The claims for parity with other Festival venues across Australia is strongly opposed on the basis of the 5 day duration of the festivals, the late night and 24hour operating approvals and the particular topographic features such as inversion layer peculiarities and wind velocities causing random sound deflection, often far away from the actual sound sources.
Due to the number of registered noise complaints received during past festivals (139 for Splendour 2014) we suggest that the sound is too loud at existing levels.
We request that the minister set a realistic dBC level that will not intrude into the dwellings of residents designated as "Sensitive Receivers" in Department documents as well as many who are not identified as sensitive receivers and are affected by unwanted intrusive noise.
We also oppose the application to raise noise levels in the event of deteriorating weather events.
We oppose changes to conditions of entry to allow patrons earlier arrival as this will facilitate the need for music and entertainment that could affect the surrounding community.
We are however of the belief that further community usage of Parklands be agreed to as long as all details of the existing approval are maintained and all existing consent conditions are met, as agreed by the proponent at the commencement of the 5 year trial period.
We request that all noise monitoring protocols be retained for the length of the trial, no matter what the size of the festival or activity will be.
To conclude our submission we acknowledge the efforts undertaken by North Byron Parklands to date, to protect the amenity of our neighbourhood with security, traffic control and other assistance and generosity. For this we are most grateful.
We trust The Ministers' assessment will recognise the strong local objection to any increase in noise output and any changes that are not in the best interests of the surrounding neighbourhoods and The Billinudgel Nature Reserve wildlife.

Please see attached submission