TAS Neighbour has built large tower with floodlights and cameras

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

aldemaar

Member
15 September 2021
1
0
1
My neighbour has a large block of land and has begun using it as a car wrecker yard. They are continuously revving high-powered engines and the noise is very annoying. Yesterday they installed a 20m high pole, with floodlights and CCTV cameras, which is not only an eyesore as it looms above all trees. but also creates a blinding light in our back yard at night. I'm also worried about the surveillance cameras as they may be used to determine when a property owner is home (the relevant property is surrounded by private homes and is in a residential zone). I've asked the neighbour to tone down the noise previously and he has been abusive and threatening. I've complained to the council (Devonport, Tasmania), with a resulting demeaning platitude and no result. Can anyone tell me the appropriate legal authority which has jurisdiction over this matter? And which will investigate? I have photos.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,234
748
2,894
Sydney
So far as the noise is concerned, maybe consider EPA Tasmania as a starting point.
Note that they may refer you back to Council, depending on where you live (city vs country).

Light can be an environmental nuisance, and can be dealt with by Council.
By way of example, consider this, from City of Hobart.
Also, ask yourself if the light tower is a structure that requires a DA.

As far as the wrecking yard is concerned, think land use
(for example, is it a commercial wrecking yard on a rural zoned lot?),
or is it simply hobby, being undertaken selfishly?
Bear in mind also that a legitimate hobby, an unauthorised business,
and a chigger family with a yard full of car wrecks, are not the same thing.

As you frame your enquiry to the EPAT, consider that in the case of car wrecks/ bodies, it might be that..
  • they pose a pollution hazard such as from leaking fuel or other fluids;
    or from degrading materials, or;
  • they a fire hazard or;
  • they provide a habitat for vermin and pests; or
  • they just give the appearance of being unmanaged 'rubbish'.
Keep us posted.
 
Last edited: