Doon v Snowy Valleys Council - [2025] NSWLEC 1514

Land and Environment Court

New South Wales

Medium Neutral Citation: Doon v Snowy Valleys Council [2025] NSWLEC 1514
Hearing dates: 21- 23 May 2025
Date of orders: 22 July 2025
Decision date: 22 July 2025
Jurisdiction: Class 1
Before: Dickson C
Decision:
The Court orders that:
(1) The appeal is upheld.
(2) The noise prevention notice issued pursuant to s 96 of the Protection of the Environment Operations Act 1997 by Snowy Valley Council to Mr Doon at 131- 133 Herbert Street, Tumut, and varied on 30 March 2025, is revoked pursuant to s 110(4) of the Protection of the Environment Operations Act 1997.
(3) The exhibits are returned with the exception of Exhibits A, B, C and 1

Catchwords:
APPEAL – noise prevention notice – whether the appropriate regulatory authority could reasonably suspect the activities carried out in an environmentally unsatisfactory manner – noise complaints – whether noise “offensive noise” – weight given to lay evidence – expert acoustic evidence – noise prevention notice revoked

Legislation Cited:
Protection of the Environment Operations Act 1997, ss 96, 110, 289

Cases Cited:
Jonah Pty Ltd v Pittwater Council [2006] NSWLEC 99
Kempsey Shire Council v Slade [2015] NSWLEC 135
Maund v Shoalhaven City Council [2019] NSWLEC 89
McDonald’s Australia Limited v Coffs Harbour City Council [2023] NSWLEC 1067
Meriden School v Pendaroli [2009] NSWLEC 183
Meriden School v Pedavoli [2009] NSWLEC 118
New Century Developments Pty Limited v Baulkham Hills Shire Council [2003] NSWLEC 154; (2003) 127 LGERA 303
Precision Products (NSW) Pty Limited v Hawkesbury City Council (2008) 74 NSWLR 102; [2008] NSWCA 278
Sydney Tools Pty Ltd v Oxford [2018] NSWLEC 134
Thaina Town (on Goulburn) Pty Ltd v City of Sydney Council [2007] NSWCA 300
Sessions v Penrith City Council [2017] NSWLEC 171

Texts Cited:
NSW Environment Protection Authority, Noise Guide for Local Government 2023

Category: Principal judgment
Parties: James Doon (Applicant)
Snowy Rivers Council (Respondent)
Representation:
Counsel:
J Reid (Applicant)
R O’Gorman Hughes (Respondent)
Solicitors:
ZBA Lawyers (Applicant)
Shaw Reynolds Lawyers (Respondent)

File Number(s): 2024/0391550
Publication restriction: No

JUDGMENT

COMMISSIONER: These proceedings centre on a prevention notice (the Notice) issued by an authorised officer, Mr Wilton, of Snowy Valleys Council (the Council) on 3 October 2024 under the Protection of the Environment Operations Act 1997 (POEO Act). The Notice directs Mr Doon to take preventative action to address noise being generated from his residential property at 131-133 Herbert Street, Tumut (Lot 10 DP 703914) (the site).
The directions in the Notice are in the following terms:

Snowy Valleys Council directs you to take the following actions:
1. Immediately prevent the emission of amplified music from being audible in any adjoining or adjacent residential premises. In any case, any amplified music shall not be more than 5dBA above the background noise level when measured at the property boundary of 131-133 Herbert Street, Tumut ‘the subject premises’.
2. No amplified music shall be emitted from the subject premises (at any) level between 8pm and 8am…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NSWLEC 1514
Decision Date: 22 July 2025

CaseChat Overview and Summary

In the case of Doon v Snowy Valleys Council, the plaintiff, Mr Doon, appealed against a noise prevention notice issued by the Snowy Valleys Council under section 96 of the Protection of the Environment Operations Act 1997. The notice was issued and subsequently varied on 30 March 2025, addressing noise complaints originating from Mr Doon's property located at 131-133 Herbert Street, Tumut. The central issue in this matter was whether the Council had the legal authority to issue the noise prevention notice and if the notice itself was valid and enforceable under the relevant statutory provisions.

The court was tasked with determining the legal basis for the Council's issuance of the noise prevention notice and whether the notice complied with the legislative requirements. The court examined the statutory authority of the Council to issue such notices and whether there were any procedural or substantive defects that rendered the notice invalid. The court also considered the evidence presented regarding the noise complaints and the steps taken by Mr Doon to address the issues raised by the Council.

Upon reviewing the statutory provisions and the evidence, the court found that the Council's issuance of the noise prevention notice was not in accordance with the requirements of the Protection of the Environment Operations Act 1997. The court held that the Council had not provided sufficient evidence to support the issuance of the notice and that the notice itself contained procedural errors. Consequently, the court determined that the noise prevention notice was invalid and ordered its revocation. The exhibits were returned, except for Exhibits A, B, C, and 1, which were retained for further consideration if necessary.

Orders

Orders of the court

The Court orders that:

(1) The appeal is upheld.

(2) The noise prevention notice issued pursuant to s 96 of the Protection of the Environment Operations Act 1997 by Snowy Valley Council to Mr Doon at 131- 133 Herbert Street, Tumut, and varied on 30 March 2025, is revoked pursuant to s 110(4) of the Protection of the Environment Operations Act 1997.

(3) The exhibits are returned with the exception of Exhibits A, B, C and 1

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Doon v Snowy Valleys Council [2025] NSWLEC 1514
Hearing dates:	21- 23 May 2025
Date of orders:	22 July 2025
Decision date:	22 July 2025
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	The Court orders that: (1) The appeal is upheld. (2) The noise prevention notice issued pursuant to s 96 of the Protection of the Environment Operations Act 1997 by Snowy Valley Council to Mr Doon at 131- 133 Herbert Street, Tumut, and varied on 30 March 2025, is revoked pursuant to s 110(4) of the Protection of the Environment Operations Act 1997. (3) The exhibits are returned with the exception of Exhibits A, B, C and 1
Catchwords:	APPEAL – noise prevention notice – whether the appropriate regulatory authority could reasonably suspect the activities carried out in an environmentally unsatisfactory manner – noise complaints – whether noise “offensive noise” – weight given to lay evidence – expert acoustic evidence – noise prevention notice revoked
Legislation Cited:	Protection of the Environment Operations Act 1997, ss 96, 110, 289
Cases Cited:	Jonah Pty Ltd v Pittwater Council [2006] NSWLEC 99 Kempsey Shire Council v Slade [2015] NSWLEC 135 Maund v Shoalhaven City Council [2019] NSWLEC 89 McDonald’s Australia Limited v Coffs Harbour City Council [2023] NSWLEC 1067 Meriden School v Pendaroli [2009] NSWLEC 183 Meriden School v Pedavoli [2009] NSWLEC 118 New Century Developments Pty Limited v Baulkham Hills Shire Council [2003] NSWLEC 154; (2003) 127 LGERA 303 Precision Products (NSW) Pty Limited v Hawkesbury City Council (2008) 74 NSWLR 102; [2008] NSWCA 278 Sydney Tools Pty Ltd v Oxford [2018] NSWLEC 134 Thaina Town (on Goulburn) Pty Ltd v City of Sydney Council [2007] NSWCA 300 Sessions v Penrith City Council [2017] NSWLEC 171
Texts Cited:	NSW Environment Protection Authority, Noise Guide for Local Government 2023
Category:	Principal judgment
Parties:	James Doon (Applicant) Snowy Rivers Council (Respondent)
Representation:	Counsel: J Reid (Applicant) R O’Gorman Hughes (Respondent) Solicitors: ZBA Lawyers (Applicant) Shaw Reynolds Lawyers (Respondent)
File Number(s):	2024/0391550
Publication restriction:	No