Sometimes activities undertaken by businesses impact on residents and other members of the community.
We may assist in resolving the issue if the activities are outside the conditions of various permits or are determined to be excessive or a nuisance under the Public Health & Wellbeing Act.
A nuisance may occur by noise, odours, pollution and waste, which are or are liable to be dangerous to health or offensive, but not just annoying.
The determining of a nuisance is varied and open to legal interpretation.
Residential nuisances such as noise, odour and other pollution that are coming from a residential property are handled by our authorised officers.
We may look into nuisance management when the offending property is a business or commercial site.
A number of issues are assessed in determining a nuisance including:
- Planning permits - are the activities outside the permit which was issued for the business? If this is so, the matter may be referred to our Planning department
- Environmental Protection Authority - has the EPA issued a permit or responsible/monitoring the activities?
- Is the nuisance ongoing, dangerous to health or offensive and impacting?
If, after investigation, a nuisance is found to exist we will work with the business owner to rectify the situation, possibly through enforcement.
We do not have authority to take action against a nuisance that is perceived to be annoying. These matters should be resolved privately or with the assistance of the Dispute Resolution Centre of Victoria.