Appendix-F-Noise-Impact-Assessment.Pdf

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

REDEVELOPMENT OF WAKEFIELD PARK RACEWAY

Noise Impact Assessment

September 2020

BAC WMR Holdings Pty Limited

TK792-03F04 Wakefield Park Raceway Noise Impact Assessment (r0)

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 1 RENZO TONIN & ASSOCIATES SEPTEMBER 2020

Document details

Detail Reference

Doc reference: TK792-03F04 Wakefield Park Raceway Noise Impact Assessment (r0)

Prepared for: BAC WMR Holdings Pty Limited

Address: Benalla Auto Club Inc 41 Fox Street WINTON VIC 3673

Attention: Mr Chris Lewis-Williams

Document control

Non-issued Issued Date Revision history Prepared Instructed Authorised revision revision

Sept 2020 Issued to client 0 RT RT RT

Important Disclaimer: The work presented in this document was carried out in accordance with the Renzo Tonin & Associates Quality Assurance System, which is based on Australian Standard / NZS ISO 9001. This document is issued subject to review and authorisation by the Team Leader noted by the initials printed in the last column above. If no initials appear, this document shall be considered as preliminary or draft only and no reliance shall be placed upon it other than for information to be verified later. This document is prepared for the particular requirements of our Client referred to above in the ‘Document details’ which are based on a specific brief with limitations as agreed to with the Client. It is not intended for and should not be relied upon by a third party and no responsibility is undertaken to any third party without prior consent provided by Renzo Tonin & Associates. The information herein should not be reproduced, presented or reviewed except in full. Prior to passing on to a third party, the Client is to fully inform the third party of the specific brief and limitations associated with the commission. In preparing this report, we have relied upon, and presumed accurate, any information (or confirmation of the absence thereof) provided by the Client and/or from other sources. Except as otherwise stated in the report, we have not attempted to verify the accuracy or completeness of any such information. If the information is subsequently determined to be false, inaccurate or incomplete then it is possible that our observations and conclusions as expressed in this report may change. We have derived data in this report from information sourced from the Client (if any) and/or available in the public domain at the time or times outlined in this report. The passage of time, manifestation of latent conditions or impacts of future events may require further examination and re-evaluation of the data, findings, observations and conclusions expressed in this report. We have prepared this report in accordance with the usual care and thoroughness of the consulting profession, for the sole purpose described above and by reference to applicable standards, guidelines, procedures and practices at the date of issue of this report. For the reasons outlined above, however, no other warranty or guarantee, whether expressed or implied, is made as to the data, observations and findings expressed in this report, to the extent permitted by law. The information contained herein is for the purpose of acoustics only. No claims are made and no liability is accepted in respect of design and construction issues falling outside of the specialist field of acoustics engineering including and not limited to structural integrity, fire rating, architectural buildability and fit-for-purpose, waterproofing and the like. Supplementary professional advice should be sought in respect of these issues.

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 2

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

Executive summary

BAC WMR Holdings Pty Ltd is the owner of land situated at 4770 Braidwood Road Tirrannaville NSW 2580 located in a rural area approximately 11 km south of Goulburn, within the local government area of Goulburn Mulwaree Council.

On 1 June 1993, Council granted consent under the Environmental Planning and Assessment Act 1979 to development application 145/9/4-140 for a `multi-purpose motor racing circuit' on the site, subject to conditions.

The Raceway was opened in November 1994. Wakefield Park Motorsport Pty Ltd now leases the site to operate a motor racing track.

The nearest sensitive residential receptors are approximately 400m north of the site boundary, but residents up to 10 km away have complained to Council about unacceptable noise allegedly emanating from the motor racing track.

As a consequence of the complaints, Council issued BAC WMR with a prevention notice dated 25 January 2019. Following a conciliation conference, by order of the Land & Environment Court on 8 January 2020, BAC WMR was required to take the actions outlined in Schedule 1 annexed to the order. In particular, clause 19. of Schedule 1 limits the number of events which may be held during the year based on the emitted noise level from an event.

By agreement with Council, BAC WMR is to submit a complete development application in relation to the ongoing use and operation of the motor racing track. This report is prepared pursuant to that requirement and includes a description of the acoustic engineering work that was formative in Council and BAC WMR coming to an agreement on the terms of Schedule 1.

That acoustic engineering work involved the following: a) a set of extensive noise surveys conducted at trackside and at the nearest residential receivers for four events on the following dates:

• WPM meeting Saturday 4 May 2019

• CAMS State meeting Saturday 25 May 2019

• GEAR meeting Wednesday 26 June 2019

• SOS meeting Thursday 3 October 2019 b) the preparation of a computer based noise model which was validated by the attended survey data; and, c) the preparation of a working noise model based on standard meteorological conditions which, with data from the Soundweb monitoring terminal installed on site, enables noise levels to be

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 3

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

measured or predicted for all future events so as to enable the Raceway to schedule its activities in a manner that effectively limits noise.

It is concluded that noise impacts from the Raceway facility, including under the Development Application, are able to be satisfactorily managed so as to achieve a satisfactory level of acoustic amenity for nearby residences. Schedule 1 of the varied prevention notice already provides a rigorous regime of noise mitigation measures. The Development Application does not propose any changes that would increase noise generation.

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 4

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

Contents Executive summary 3 1 Introduction 7 2 Description of the Site, Raceway operations, nearest sensitive receivers and existing noise environment 8 2.1 Description of the Site 8 2.2 Raceway operations 12 2.3 Nearest sensitive receivers 17 2.4 Existing noise environment 18 3 Applicable noise criteria 20

3.1 Noise emitted from the Site 20 3.2 Noise emitted from additional traffic on existing roads 21 4 Measured and predicted noise levels 22 4.1 Measured noise levels 22 4.2 Description of predictive Noise Model 23 4.3 Validation of the Noise Model 24 4.4 Effect of noise enhancing meteorology 24 4.5 Preparation of Working Noise Model and predicted noise levels 25 5 Assessment of noise mitigation strategies and recommendations 27 6 Conclusion 29 References 30 APPENDIX A BAC WMR Holdings Pty Ltd v Goulburn Mulwaree Council. Notice of Variation of Direction to Take Preventive Action. Schedule 1 31 APPENDIX B Curriculum vitae of Renzo Tonin 32 APPENDIX C Glossary of terminology 36 APPENDIX D Goulburn Mulwaree Council Response to Resident Action Group Questions - Wakefield Park Raceway Prevention Notice. 14 February 2020 41

List of tables

Table 1 Nearest sensitive receptor locations 17 Table 2 Minimum assumed RBLs 18 Table 3 List of attended noise measurements 22

List of figures

Figure 1: Location of Site and nearest sensitive receivers (wide view) 10 Figure 2: Location of Site, nearest sensitive receiver and noise monitoring locations (and in addition R13b is not shown) (closeup view) 11

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 5

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

Figure 3: View of Site showing the locations of the Soundweb at 42m from edge of the track and the additional monitor at 30m from the track (30m Monitor). 13 Figure 4: Soundweb equipment 14 Figure 5: 30m Monitor equipment 14 Figure 6: Control tower monitoring station 15 Figure 7: Static test procedure 15

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 6

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

1 Introduction

BAC WMR Holdings Pty Ltd (BAC WMR) is the owner of land situated at 4770 Braidwood Road Tirrannaville NSW 2580 (the Site) located in a rural area approximately 11 km south of Goulburn, within the local government area of Goulburn Mulwaree Council (Council).

The Raceway was opened in November 1994. Wakefield Park Motorsport Pty Ltd (WPM) now leases the Site to operate a motor racing track (the Raceway).

The nearest sensitive residential receptors are approximately 400m north of the Site boundary, but residents up to 10 km away have complained to Council about unacceptable noise allegedly emanating from the Raceway.

As a consequence of the complaints, Council issued BAC WMR with a prevention notice dated 25 January 2019 (Prevention Notice) [2]. The Prevention Notice required BAC WMR to take the actions outlined in Schedule 1 of that document. Following a conciliation conference, by order of the Land & Environment Court on 8 January 2020, the terms of Schedule 1 were varied [3]. Annexed hereto in APPENDIX A is a copy of the Court's orders and Schedule 1 (Schedule 1).

By agreement with Council, BAC WMR is to submit a complete development application (DA) in relation to the ongoing use and operation of the Raceway. Renzo Tonin & Associates was engaged to prepare this noise impact assessment to support the DA. Renzo Tonin (Tonin) is the author of this report and his curriculum vitae is annexed hereto in APPENDIX B.

The work documented in this report was carried out in accordance with the Renzo Tonin & Associates Quality Assurance System, which is based on Australian Standard / NZS ISO 9001. APPENDIX C contains a glossary of acoustic terms used in this report.

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 7

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

2 Description of the Site, Raceway operations, nearest sensitive receivers and existing noise environment

2.1 Description of the Site

The Site is located to the east of Braidwood Road as shown in Figure 1 and Figure 2. Access to the Site is via Braidwood Road. The Raceway circuit has a length of approximately 2kms and comprises a bitumen sealed track 10m in width. The circuit generally rises in ground level from west to east.

The types of events typically held at Wakefield Park Raceway include minor events which occur on most operational days with less than 500 people on-site. The larger events, which are held typically one to two weekends per month, attract between 501 and 1,500 people on-site, with the largest event attracting generally between 1,501 to 2,500 people on-site.

This Development Application seeks consent for the following:

• Ongoing use of the site for motorsport activities and other ancillary uses, including implementation of the noise management and mitigation framework required under the POEO Act Prevention Notice dated 8 January 2020 as varied (the Prevention Notice) and a new Event Management Plan to manage traffic and access where required;

• Construction of a new 2 storey pit lane building, comprising:

- Demolition of the existing building and associated structures;

- 14 additional vehicle garages;

- Corporate function, cafe and guest facilities;

- First floor terrace space;

- Race control and commentary boxes;

- Office and administration areas and medical centre; and

- Ambulance and emergency response vehicle parking;

• Construction and use of a new off-road experience area;

• Ongoing use of the camping area and existing visitor accommodation facilities in conjunction with motorsport activities;

• Carrying out of markets at the site on a monthly basis;

• Updated signage including a business identification sign at the entry and additional third party advertising around the track;

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 8

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

• Water management infrastructure for the new building and off-road experience area, along with improvements to existing site water management systems; and

• Ongoing operation of a Community Consultative Committee to ensure ongoing communication regarding site operations in accordance with Schedule 1.

In respect of the proposed off-road experience area, this involves the operation of road registered vehicles and the use of those vehicles will produce noise levels lower than the 75dB(A) Soundweb level as categorised in Schedule 1 and is therefore is not considered further in this report. The Development Application does not propose any changes that would increase noise generation.

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 9

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

Figure 1: Location of Site and nearest sensitive receivers (wide view)

Wakefield Park Raceway

BAC WMR HOLDINGS PTY LIMITED 10 REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT

RENZO TONIN & ASSOCIATES SEPTEMBER 2020 Figure 2: Location of Site, nearest sensitive receiver and noise monitoring locations (and in addition R13b is not shown) (closeup view)

Wakefield Park Raceway

LEGEND

Noise monitoring locations

BAC WMR HOLDINGS PTY LIMITED 11 REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

2.2 Raceway operations

A detailed view of the Raceway and facilities is shown in Figure 3. The hours of use of the Raceway are restricted by clause 1 of Schedule 1 to 8:00am to 6:00pm for use of the motor racing circuit (i.e. open hours), 9:00am to 6:00pm or sundown (whichever first occurs) for racing events and 9:30am to 6:00pm or sundown (whichever first occurs) for recreational events.

The Raceway is used for a wide variety of events including national, State and club championships, track days, vehicle testing days and driving training.

In respect of racing events (i.e. racing other competitors or against the clock), there are typically 15-20 races (heats) per day, each of approximately 10-20 minutes in duration and on occasions with a 30 minute lunch break in the middle of the day. A typical heat might typically involve a set number of laps of the circuit with a number of competitor vehicles on the track contemporaneously.

As required by clause 9 of Schedule 1, there are two microphones installed on Site just beyond Turn 2 (as shown in Figure 3) to monitor emitted noise levels during the event. The first is a permanently installed sound monitoring instrument (Soundweb) located 42m from the edge of the track and 4.2m above ground level (see Figure 4) and the second is a sound monitoring instrument located at precisely 30m from the edge of the track at 1.5m above ground level (30m Monitor) (see Figure 5) which is deployed at the start of the day's event. The Soundweb records the LAeq(15min) noise levels from the day’s event as required by clause 9(i) of Schedule 1. The 30m Monitor records the LAmax(Fast) of individual passing vehicles as required by clause 9(ii) of Schedule 1.

Both the Soundweb and the 30m Monitor are calibrated by a certified NATA laboratory at two yearly intervals as required by Australian Standard AS1055:2018 "Acoustics - Description and measurement of environmental noise".

Real time noise data from both instruments is transmitted to the control tower monitoring station which is attended by the Sound Control Officer (SCO) (as required by clause 10 of Schedule 1). In addition to the noise monitoring instruments, the SCO has the ability to observe vehicles on the track as they pass by the 30m Monitor (see Figure 6).

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 12

RENZO TONIN & ASSOCIATES & TONIN RENZO TK792 BAC WMR HOLDINGS PTY LIMITED

- 03F04 WAKEFIEL Figure 3: View of Site showing the locations of the Soundweb at 42m from edge of the track and the additional monitor at 30m from the track (30m Monitor).

D PARK RACEWAY NOISE IMPACT IMPACT NOISE RACEWAY PARK D

Turn 2 Soundweb

30m Monitor 13

Start Position Vehicles race clockwise REDEVELOPMENT OF WAKEFIELD PARK RACEWAY PARK OF WAKEFIELD REDEVELOPMENT NOISEIMPACT ASSESSMENT SEPTEMBER 2020 SEPTEMBER

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

Figure 4: Soundweb equipment

Figure 5: 30m Monitor equipment

BAC WMR HOLDINGS PTY LIMITED WAKEFIELD PARK RACEWAY PREVENTION NOTICE TK792-03D01 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R2) 7

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

Figure 6: Control tower monitoring station

Figure 7: Static test procedure

1m measurement rod

BAC WMR HOLDINGS PTY LIMITED WAKEFIELD PARK RACEWAY PREVENTION NOTICE TK792-03D01 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R2) 7

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

Prior to racing, the SCO conducts static vehicle noise testing of a representative sample of vehicles being the greater of:

• 15 vehicles per operational day, or

• 20% of the total number of vehicles participating on that operational day, as required by clause 6 of Schedule 1.

The static test sound limit is 118 LAmax ('fast' response) measured at 1m from the vehicle at a point closest to the exhaust (see Figure 7).

During racing, the SCO monitors the data produced by the Soundweb and the 30m Monitor in real time. The LAmax(Fast) and the real time video of individual vehicles is observed. Should a breach of the 95dB(A) limit occur, the vehicle responsible is black flagged and removed from the circuit as required by clauses 4&5 of Schedule 1. The 30m Monitor software automatically sends an email containing the sound level details and a photograph of the vehicle to the SCO as confirmation.

As required by clause 5 of Schedule 1, the vehicle will only be permitted to re-enter the circuit if it passes a compulsory static noise test. A mechanical rectification must be undertaken before that test is attempted. If the test is passed, but on a second occasion the vehicle emits noise above 95 dB(A) (when measured at any point not less than 30 metres from the nearest edge of the track), it will be excluded from any further participation that day.

BAC WMR HOLDINGS PTY LIMITED WAKEFIELD PARK RACEWAY PREVENTION NOTICE TK792-03D01 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R2) 7

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

2.3 Nearest sensitive receivers

The nearest noise sensitive receiver locations are shown in Figure 1 and Figure 2 above and listed in Table 1 below.

Table 1 Nearest sensitive receptor locations

Distance to Receptor ID Address Name Latitude Longitude Track (m)

R1 4840 Braidwood Road, Tirrannaville Pelican Sheep Station 34°50'5.96"S 149°41'1.85"E 410

R2 4842 Braidwood Road, Tirrannaville Pelican Homestead 34°50'3.28"S 149°41'13.27"E 410

R3 4844 Braidwood Road, Tirrannaville Pelican Homestead 34°49'58.09"S 149°41'16.87"E 530

R4 RFS Yattalunga Road, Tirrannaville Fire Station 34°49'33.41"S 149°40'57.00"E 1370

R5 24 Yattalunga Road, Tirrannaville 34°49'35.13"S 149°41'28.33"E 1330

R6 4986 Braidwood Road Tirrannaville Primary School 34°49'16.97"S 149°40'53.91"E 1850

R7 5006 Braidwood Road, Tirrannaville 34°49'12.48"S 149°40'56.77"E 2000

R8 2 Tirranna Lane, Tirrannaville 34°49'6.95"S 149°40'58.82"E 2150

R9 5027 Braidwood Road, Tirrannaville Church 34°49'5.10"S 149°41'4.45"E 2210

R10 182 Elm Grove Road, Tirrannaville 34°49'12.54"S 149°42'1.19"E 2300

R11 244 Elm Grove Road, Tirrannaville 34°49'7.37"S 149°42'30.74"E 2850

R12 305 Readers Road, Quialigo Mason Thomas 34°55'28.60"S 149°43'6.38"E 9540

R13 264 Readers Road, Quialigo Dennis Brunner 34°55'18.45"S 149°42'49.32"E 9110

R13b 264 Readers Road, Quialigo - Roadside 34°55'13.25"S 149°43'1.39"E Location

R14 91 Painters Lane, Tirrannaville 34°51'33.47"S 149°41'34.43"E 1880

R15 73 Painters Lane, Tirrannaville 34°51'32.59"S 149°41'29.67"E 1800

R16 4672 Braidwood Road, Tirrannaville Mick & Fiona Battiste 34°50'58.24"S 149°41'15.16"E 690

R17 333 Currawang Road, Tirrannaville Dilga 34°51'13.40"S 149°39'27.71"E 2670

R18 322 Currawang Road, Tirrannaville Riverside 34°51'6.01"S 149°39'22.57"E 2650

R19 270 Currawang Road, Tirrannaville Trawalla 34°50'53.09"S 149°39'37.21"E 2260

R20 4971 Braidwood Road, Tirrannaville Tirranna 34°49'45.44"S 149°40'29.46"E 1470

R21 5207 Braidwood Road, Tirrannaville Gibson 34°48'28.20"S 149°40'34.08"E 3430

M1 Tirranna Lane - Entrance gate to No 27 34°49'7.28"S 149°41'9.24"E Tirranna Lane

Soundweb Turn 2 42m from edge of 34°50'17.66"S 149°41'17.41"E track and 4.2m above local ground

R1, R2 and R3 provide tourist accommodation and have provided letters of support in respect of the Raceway. Locations R4, R6 and R9 are non-residential uses. Of the residential properties, R5, R16 and three residents on Readers Road near R12 and R13 have also provided letters of support.

BAC WMR HOLDINGS PTY LIMITED WAKEFIELD PARK RACEWAY PREVENTION NOTICE TK792-03D01 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R2) 7

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

2.4 Existing noise environment

Noise levels at any environmental location vary over a 24 hour period and are typically lowest at night when local and distant traffic volumes and human activity are at a minimum. The “background noise level” is the typically lowest noise level measured and represents the underlying noise level in the environment in the absence of the subject site operating.

The background noise level is measured in accordance with guidelines issued by the NSW Environment Protection Authority (NSW EPA) in its Noise Policy for Industry (NPfI) [4].

The background noise level is defined in numeric terms as the noise level exceeded for 90% of the time and is denoted as LAF90. The notations ‘A’ and ‘F’ mean the noise level is measured using the ‘A’ frequency weighting and fast time weighting ‘F’ of a sound level meter.1 These are the settings which best approximate the loudness response of the human ear to sound.

The 24 hours of a day are dichotomised into three periods as follows: 2

• Day-time: the period from 7 am to 6 pm Monday to Saturday or 8 am to 6 pm on Sundays and public holidays;

• Evening: the period from 6 pm to 10 pm; and

• Night-time: the remaining periods.

In order to quantify the background noise level in any time period, noise measurements are taken at 15 minute intervals and the LAF90 is determined for each interval. For example in the day-time period Monday to Saturday, there will be (11x4=) fourty four 15 minute measurements. The 90% lowest of that sample group is termed the Rating Background Level (RBL) and represents the single number background noise level for assessment purposes. 3

An RBL is determined for each time period and there is a minimum RBL which applies as follows:4

Table 2 Minimum assumed RBLs

Time of day Minimum assumed rating background noise level RBL

Day-time 35

Evening 30

Night-time 30

In view of the approved operating hours for the Site, only the Day-time period is pertinent. It is observed that the residential locations potentially affected by noise from the Site are in a generally quiet

1 NPfI page 9

2 NPfI page 12

3 NPfI Fact Sheet B

4 NPfI Table 2.1

BAC WMR HOLDINGS PTY LIMITED WAKEFIELD PARK RACEWAY PREVENTION NOTICE TK792-03D01 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R2) 7

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

rural setting but with some being affected by vehicular noise from Braidwood Road. Therefore, the minimum applicable RBL for the Site is 35dB(A).

BAC WMR HOLDINGS PTY LIMITED WAKEFIELD PARK RACEWAY PREVENTION NOTICE TK792-03D01 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R2) 7

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

3 Applicable noise criteria

This section deals with noise criteria in respect of a) noise emitted from the Site and b) noise generated by additional traffic on existing roads from use of the Site.

3.1 Noise emitted from the Site

The NSW EPA has not published any definitive noise policy for motor racing sports.

The Noise Guide for Local Government (NGLG) [6], contains a case study under the heading "Case study 2: Noise from a motor sport facility" in Section 3.6 of the NGLG (Case Study 2). Case Study 2 concerns a new development and notes that "Therefore the number of events allowed for this new facility may be less than council might have approved for an existing facility of comparable size and proximity to residences".5 As such, the operational noise management plan described in Case Study 2 is not relevant and will not be considered further.

In the absence of clear published criteria, it is appropriate to have regard to potential engineering mitigation measures such as the use of earth mounds constructed on the Site. However, as shown in Section 5, the predicted acoustic benefit of earth mounds is negligible. Installing them would not be effective or reasonable.

Accordingly, the management measures proposed in Schedule 1, particularly limiting the number of annual events within LAeq(15min) ranges is considered to be a feasible and reasonable approach to controlling noise from the Raceway.

Clause 19 of Schedule 1 currently regulates event numbers as follows:

19. From 1 January 2020, the calendar will be structured so that:

(a) The LAeq(15min) for any event must not exceed 95 dBA when measured by the Soundweb system.

(b) A maximum of 75 events per year may have an LAeq(15min) within a range exceeding 85 dBA but not exceeding 95 dBA when measured by the Soundweb system.

(c) A maximum of 50 events per year may have an LAeq(15min) within a range exceeding 83 dBA but not exceeding 85 dBA when measured by the Soundweb system.

(d) Except during March 2020, one weekend per month will be subject to the requirement that the LAeq(15min) on both the Saturday and Sunday of that weekend must not exceed 75 dBA when measured by the Soundweb system.

5 NGLG page 3.28

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 20

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

(e) One day per week will be subject to the requirement that the LAeq(15min) must not exceed 75 dBA when measured by the Soundweb system.

(f) Subject to paragraphs 19(a)-(e), the LAeq(15min) for all other events during the year must not exceed 83 dBA when measured by the Soundweb system.

In assessing the reasonableness of these measures for the Site, it is noted that they fulfill the following key objectives:

• they limit the maximum noise level emitted from the Site;

• they limit the number of events in a calendar year; and,

• they provide periods of respite.

These limitations are fundamental considerations when contemplating feasible and reasonable noise mitigation measures for the Site and represent a rigorous regime of requirements with the overall purpose of providing a satisfactory level of acoustic amenity for nearby residences.

3.2 Noise emitted from additional traffic on existing roads

The NSW Environment Protection Authority's Road Noise Policy (RNP) [7] addresses noise impacts from additional traffic on public roads generated by land use developments.

The Raceway has been in operation for 25 years and its ongoing use generates additional traffic on existing roads, particularly Braidwood Road which is classified as a State Road with a 100kph posted speed limit. Braidwood Road connects Mundy Street and Sloane Street in Goulburn to the north and with the Kings Highway, Manar to the south. Braidwood Road generally has a single traffic lane in each direction and is a designated B-Double route which accommodates vehicles up to 25/26m long. 6

In the case of this Development Application, according to the WSP Transport Impact Assessment [6] "… the proposed new facilities would not increase the number of people that attend events..," and hence there is no change to the existing level of road traffic under the current approval and hence no increase in traffic noise.

Therefore, there is no noise impact from additional traffic on public roads generated under this Development Application and this issue need not be considered further.

6 Reference [6] Section 2

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 21

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

4 Measured and predicted noise levels

4.1 Measured noise levels

As described in Section 2.2 of this report, there is a diversity of events held at the Raceway. There will clearly be a large variation in sound levels emitted from the Site depending upon event type, vehicle composition, the number of vehicles on the track and meteorological conditions.

Noise levels were measured in 2019 over the duration of a day for four events indicated in Table 3 below.

Table 3 List of attended noise measurements

Measurement Event No Date Event Meteorology (10m AGL) Locations

1 Saturday 4 May 2019 WPM meeting Wind 17-28km/h W, 10- M1, R13b, R15, R16, 16degC, 49-85%RH, rain R19, R20, R21 0.2mm at 1130

2 Saturday 25 May 2019 CAMS State Wind 0-37km/h NW, 12- M1, R13b, R15, R16, meeting 21degC, 32-66%RH, nil rain R19, R20

3 Wednesday 26 June 2019 GEAR meeting Wind 0-17km/h E, 7- R5, R13b, R15, R16, 14degC, 57-100%RH, rain R19, R20 0.2mm at 15:30

4 Thursday 3 October 2019 Recreational Event Wind 9-32km/h WNW, 19- R5, R15, R16, R19, R20 26degC, 19-40%RH, nil rain

Ambient noise levels were measured at selected receiver locations denoted by yellow dots in Figure 2 above. At these locations, ambient noise comprises of all noise sources include noise emitted from the Raceway, noise of wind in trees, bird and animal sounds, noise from resident activities and noise from traffic on Braidwood Road.

The separation of Raceway noise is accomplished by post processing the recorded data with reference to the audible recorded sound. For some of the closest receivers, noise from heats can be measured without substantial interference from other sources. For others, an estimate only can be provided either by "tagging" sections of heats which are audible or by reference to the prevailing background noise level when the sound level is judged as being within or under the background. Tagging means a section of the audio file and associated data is marked and included in the analysis.

The equipment used for all noise measurements comprises an NTi Audio Type XL2 precision sound level analyser which is a class 1 instrument having accuracy suitable for field and laboratory use. The instruments were calibrated prior and subsequent to measurements using a Bruel & Kjaer Type 4231 calibrator. No significant drift in calibration was observed. All instrumentation complies with IEC 61672 (parts 1-3) 'Electroacoustics - Sound Level Meters' and IEC 60942 'Electroacoustics - Sound calibrators' and carries current NATA certification.

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 22

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

Weather data was sourced from the Bureau of Meteorology Goulburn Airport observations for the noise measurement survey days.

4.2 Description of predictive Noise Model

As a consequence of experience with measuring noise from the events listed in Table 3 above and specifically taking into account: a) the wide range of event types and noise levels emitted which, if one were required to assess in full, would require attended monitoring essentially over the whole year, b) the wide range of wind speeds which influences not only the contributing noise levels but the background noise levels, and c) with the exception of R16 (the closest residential location) and only when the highest noise levels are being measured, the inability to directly measure event noise contribution in the presence of wind noise in the trees, interfering noise from traffic on Braidwood Road and noise from human activity, birds and animals, requiring instead the post-processing of attended measurements, it is concluded that it is not feasible to undertake a noise impact assessment based on measured noise levels alone. Instead, the preferred approach is to prepare a computer based noise model (Noise Model) to predict the resulting sound levels at each residential receiver location for all types of events held over a calendar year. As described in Section 4.5 below, this is achieved by using the Soundweb as a control point to monitor and predict noise levels going forward as contemplated in Schedule 1.

The first step in preparing a Noise Model is to ascertain the acoustic strength of vehicles on the track under actual operational conditions. This is achieved by monitoring noise levels at selected locations on the track at 30m from the nearest edge of the track for events 1-3 shown in Table 3. The Raceway track was divided into five segments selected on the basis that the mode of racing (i.e. speed, throttle setting and noise emitted) is constant within each track segment. Contemporaneously with attended noise measurements at the residential receiver locations, five noise loggers were distributed at the selected locations on the track. For each segment, the acoustic strength or sound power level (denoted Lw) of each segment was determined for each heat.

The Noise Model was used to predict the resulting sound levels at each residential receiver location. The Noise Model is based on the ISO9613 and the CONCAWE algorithms implemented in CadnaA software. CadnaA software is widely used in the acoustics profession and is approved for use by the NSW EPA. 7 The ISO9613 and CONCAWE algorithms are extensively used worldwide and in Australia for noise prediction.

Both algorithms take into account distance attenuation, ground effect, interposed barriers, temperature and humidity, wind speed and direction. A ground contour file of the intervening topography was

7 Page 50 NSW Road Noise Policy, EPA March 2011

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 23

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

obtained from the NSW Government ELVIS website at a resolution of 1-5m and ground contours and existing building heights within the Site were obtained by a commissioned survey at a resolution of 1m.

The effect of the new buildings on noise emitted from the Site is considered inconsequential because the preponderance of noise is emitted from elevated sections of the track.

4.3 Validation of the Noise Model

The Noise Model was validated for each heat of events 1-3 in Table 3 by comparing the predicted noise levels described in the previous section and the measured attended noise levels described in section 4.1 above.

Whilst there is some variation in the difference between modelled and measured noise levels, given the extreme range of meteorological conditions encountered, and taking the results as a whole, the modelling accuracy is considered to be robust.

In its response to questions by the Resident Action Group to Council in relation to the order made by the NSW Land & Environment Court on 8 January 2020, specifically in respect of the ability of the Noise Model to be practically validated so as to correctly portray the topological and meteorological conditions for noise at residential locations in proximity to the Raceway, Council responded as follows: 8

"Council officers are very satisfied in the manner in which its acoustic consultant was able to evaluate, critique and hold Wakefield Park and it’s consultant to account through the process. As a result we have confidence in the modelling used, which I must point out has been field tested, corrected and peer- reviewed accordingly."

It is therefore concluded the adopted Noise Model is a good predictor of noise levels at the residential receptor locations for the attended measurements.

4.4 Effect of noise enhancing meteorology

Certain meteorological or weather conditions may increase noise levels by focusing sound-wave propagation paths at a single point. Such refraction of sound waves will occur during temperature inversions (atmospheric conditions where temperatures increase with height above ground level), and where there is a wind gradient (that is, wind velocities increasing with height) with wind direction from the source to the receiver.

Firstly, in respect of temperature inversions, these are only relevant for the night-time period and, as the Raceway does not operate in the night-time period, then an assessment of temperature inversions is not required. 9

8 Reference [8] response to question 2.3

9 Page 60 Option 2 NPfI

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 24

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

The next step involves determining whether wind is a significant feature for the Site. Significance is based on a threshold of occurrence of 30% determined in accordance with the provisions of the NPfI [4]. Where noise-enhancing meteorological conditions occur for less than 30% of the time, standard meteorological conditions may be adopted for the assessment. Standard meteorological conditions are stability categories A–D (which are not noise-enhancing conditions) with wind speed up to 0.5 m/s at 10m AGL.10

Meteorological data was sourced from the Bureau of Meteorology station at Goulburn Airport from January 2016 to May 2019. This station is located approximately 5.5km NE of the Site and as such is a relevant source of data. The NSW EPA NEWA program was then used to determine the frequency of occurrence of winds.

It is concluded that, as all of the daytime frequencies of wind occurrence are less than 30%, wind is not a significant feature for the Site and therefore standard meteorological conditions may be adopted for noise assessment (i.e. wind speeds up to 0.5m/s at 10m AGL).

4.5 Preparation of Working Noise Model and predicted noise levels

It was concluded in the previous section that wind is not a feature for the Site and therefore standard meteorological conditions may be adopted for noise assessment (i.e. wind speeds up to 0.5m/s at 10m AGL).

What is ultimately required is a noise model representative of all events which occur in a year under standard meteorological conditions. This is termed the "Working Noise Model".

What form would the Working Noise Model take? Whilst it would be a simple matter to use the noise model described in section 4.2 above and apply the standard meteorological parameters, the problem is that the acoustic strength (or sound power level) of vehicles on the track is only known for the three measured events 1-3 in Table 3. How does one derive the sound power level for all other events in a year?

The answer involves use of the historical data of the Soundweb. It is common in acoustics to use what is known as a “control point” located in close proximity to a facility, where the measured noise levels are not subject to extraneous noise sources, for regulating noise levels from the facility. For example, the volume of an outdoor amplified music concert is often regulated by monitoring the sound level at a control point, usually the mixing desk at the front of the stage. Similarly, the Soundweb has the potential to be used to monitor and regulate the sound level emitted from the Raceway.

The question is, whether the Soundweb historical noise levels can be relied upon to predict noise levels at the residential receptor locations. This would be possible provided that noise emitted from motor vehicles on the track has a similar characteristic from heat to heat with only the sound volume (or sound power level) differing from heat to heat. Therefore, for example, if the sound level at the Soundweb

10 NPfI Table D1

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 25

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

were to increase by 5dB(A) this would result in a corresponding increase in the sound level at all residential receivers. Consequently, the Soundweb can be used as a tool to measure and control the noise level emitted to residential receivers.

In order to test whether the Soundweb can be relied upon to perform this function, a validation exercise was conducted for the three events 1-3 in Table 3.

It is concluded from that exercise that the Soundweb data reliably predicts noise level differences for the three measured events and therefore the Working Noise Model in conjunction with the Soundweb may be used to predict noise levels at every residential receiver of events which have not been the subject of attended measurements.

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 26

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

5 Assessment of noise mitigation strategies and recommendations

An assessment of noise mitigation strategies was undertaken and feasible and reasonable engineering options examined with the aim of reducing noise levels.

The NGLG at pages 3.27 and 3.28 recommends the following noise mitigation and management options.

On-site noise mitigation

• Orient the track to use existing topography to reduce noise at noise-sensitive receivers.

• Locate very noisy racing track types (e.g. drag racing) furthest from noise-sensitive receivers and orient them to minimise noise.

• Use earth mounds and barriers.

Noise source controls

• Use effective mufflers on racing vehicles and require all vehicles to meet Confederation of Australian Motor Sport noise specifications.

• Implement a program for testing the noise of racing vehicles to ensure they meet racing association noise limits.

Operational noise controls

• Restrict times for practice and event days.

• Use respite periods during the racing schedule of an event.

• Limit of the number and type of events.

Receiver noise controls

In extreme situations and as a last resort, Council could consider attaching development consent conditions requiring the proponent to implement noise controls at receiver locations such as:

• noise insulation for nearby houses

• where noise impacts are totally unacceptable, and the facility continues to operate, the proponent offering to acquire nearby property.

Legal advice should be sought if these types of condition are proposed.

The following is a response to the feasibility and reasonability of implementing these options.

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 27

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

Firstly, in respect of on-site noise mitigation, the track facility currently exists and the options discussed in the first two dot points are only relevant in a planning context. In respect of the third dot point, the use of noise barriers, the following results were obtained:

1. the effect of placing a 10m high noise mound around the Site on its northern and southern boundaries shows a reduction in noise levels at some residential locations by at most 2dB(A) which is insignificant;

2. in addition to item 1. above, the addition of 5m high noise barriers or mounds located at 30m from the inside and outside of the track reduces noise levels at some residential locations by 2- 5dB(A) which is insignificant. In addition, there is insufficient space around the track for placement of 5m high noise mounds and I am instructed that a 5m high noise barrier presents a major safety risk for use of the track and an operational risk for the track managers; and,

3. in addition to item 1. above, the addition of 10m high noise barriers or mounds located at 30m from the inside and outside of the track reduces noise levels by about 3-7dB(A) which is marginally significant, however, this would not be a feasible solution for a number of reasons including those outlined at item 2 above. There is insufficient space for the width required for a 10m high noise mound around the track and I am instructed that noise barriers of this height present both substantial safety and operational risks as outlined above.

It is concluded that the use of earth mounds and barriers is not feasible or reasonable in this situation.

Secondly, in respect of noise source controls, these are already implemented by way of the requirement to perform static tests on a selected number of vehicles prior to racing and the real time monitoring of event noise levels with trigger alarms sent to the SCO.

Thirdly, in respect of operational noise controls, the number of events is restricted according to the noise level measured by the Soundweb system as indicated in Schedule 1. In addition, there is a requirement to implement "quiet days" (with a sound limit of 75dBA).

Fourthly, in respect of receiver noise controls, such as offering at-property treatment, it is anticipated not all will accept an approach for this form of noise mitigation. Upgrading the glazing of dwellings is possible, however, residents may not accept their windows having to remain closed. The use of barriers and mounds around the dwelling may result in loss of views. The acquisition of properties would depend on mutual agreement and is unlikely to be either feasible or necessary (noting that the NGLG at page 3.28 refers to this approach only where noise impacts are "totally unacceptable".

Taking into consideration the limitations described above, it is therefore recommended that the noise management approach in Schedule 1 be adopted in relation to the Development Application. These constraints are a reasonable and feasible strategy in respect of ensuring an acceptable level of acoustic amenity for nearby residences.

It is concluded that noise impacts from the Raceway are able to be satisfactorily managed so as to achieve an acceptable level of acoustic amenity for nearby residences.

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 28

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

6 Conclusion

The Raceway was opened in November 1994. Wakefield Park Motorsport Pty Ltd now leases the Site to operate a motor racing track.

The development application also involves the construction of a new 2-3 storey pit lane building and an off-road experience area.

Extensive noise surveys were conducted at trackside and at the nearest residential receivers for four events in May, June and October 2019. A computer based noise model was developed for the Raceway facility which was validated by the attended survey data.

Analysis of weather conditions for the area for the years 2016-2019 demonstrates that wind is not a feature of the area for predicting noise according to the NSW EPA. Therefore, all noise forecasting can be based on standard meteorological conditions.

A working noise model was then prepared based on standard meteorological conditions which, with data from the Soundweb monitoring terminal installed on site, enables noise levels for all events to be measured or predicted to enable the Raceway to schedule its activities in a manner that effectively mitigates noise.

Schedule 1 of the varied prevention notice already provides a rigorous regime of noise mitigation measures. The Development Application does not propose any changes that would increase noise generation..

It is concluded that noise impacts from the Raceway facility, including under the Development Application, are able to be satisfactorily managed so as to achieve an acceptable level of acoustic amenity for nearby residences.

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 29

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

References

[1] Development Application 145/9/4-140 for a multi-purpose motor racing circuit issued by Goulburn Mulwaree Council. 1 June 1993

[2] Direction to Take Preventive Action issued by Goulburn Mulwaree Council. 25 January 2019

[3] BAC WMR Holdings Pty Ltd v Goulburn Mulwaree Council [2020] NSWLEC 1010

[4] Noise Policy for Industry. NSW Environment Protection Authority. October 2017 (NPfI)

[5] Noise Guide for Local Government. NSW Environment Protection Authority. May 2013 (NGLG)

[6] Wakefield Park Raceway, Tirrannaville. Transport Impact Assessment. WSP. September 2020

[7] NSW Road Noise Policy. Department of Environment, Climate Change and Water NSW. 1 July 2011

[8] Correspondence Goulburn Mulwaree Council to Wakefield Park Noise Action Group. 14 Feb 2020

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 30

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

APPENDIX A BAC WMR Holdings Pty Ltd v Goulburn Mulwaree Council. Notice of Variation of Direction to Take Preventive Action. Schedule 1

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 31

Land and Environment Court New South Wales

Medium Neutral Citation: BAC WMR Holdings Pty Ltd v Goulburn Mulwaree Council [2020] NSWLEC 1010 Hearing dates: Conciliation conference on 22 October 2019 Date of orders: 08 January 2020

Decision date: 08 January 2020 Jurisdiction: Class 1 Before: Walsh C Decision: The Court Orders:

(1) Without any admissions by the parties, the Respondent’s prevention notice dated 25 January 2019 and addressed to the Applicant in relation to premises known as Wakefield Park Raceway, located at 4770 Braidwood Road Tirrannaville NSW 2580, is varied under section 110 of the Protection of the Environment Operations Act 1997 (NSW) in accordance with the notice attached and marked Annexure “A”.

Catchwords: ORDER – appeal – prevention notice - conciliation conference – agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979 Protection of the Environment Operations Act 1997 Category: Principal judgment Parties: BAC WMR Holdings Pty Ltd (Applicant) Goulburn Mulwaree Council (Respondent) Representation: Counsel: J Lazarus SC (Applicant) M Mallos (Solicitor) (Respondent)

Solicitors: Norton Rose Fulbright (Applicant) Maddocks (Respondent) File Number(s): 2019/50083 Publication restriction: No

JUDGMENT

1 COMMISSIONER: The Wakefield Park Raceway (‘WPR’) is a facility for motor sport activity located on approximately 53ha of land at 4770 Braidwood Road, Tirrannaville (Lot 1 DP832905), some 11km south of the Goulburn city centre. 2 Goulburn Mulwaree Council issued a Prevention Notice to BAC WMR Holdings Pty Ltd (‘Applicant’) dated 25 January 2019 directing that certain actions be taken in regard to the operation of WPR. The notice was issued in reliance on s 96 of the Protection of the Environment Operations Act 1997 (‘PEO Act’). These proceedings are an appeal, brought by the applicant under s 289 of the PEO Act, against the notice. 3 The Court arranged a conciliation conference between the parties under s 34(1) of the Land and Environment Court Act 1979 (‘LEC Act’), which was held on 22 October 2019, and at which I presided. 4 Following the conciliation conference, and after more time was given for dialogue, the parties filed an agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. 5 The parties reached an agreement as to the variation of the terms of the Prevention Notice. The particulars of the variation are described in the agreement and outlined in the orders that follow. 6 I am satisfied that the provisions of s 110 of the PEO Act provide power to a regulatory authority to vary the terms of notices of this kind, and further that the Court can assume such powers under s 39(2) of the LEC Act. 7 I accept the advice of the parties that the parties’ decision is one that the Court could have made in the proper exercise of its functions. As the parties’ decision is a decision that the Court could have so made, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision. I note that I have had no direct regard to the merits of the application in coming to this position. 8 I further note the parties’ agreement that the Applicant will, by 1 August 2020, lodge a complete development application in relation to the ongoing use and operation of Wakefield Park Raceway, having regard to Council’s pre-lodgement processes and opportunities. 9 The Court orders: (1) Without any admissions by the parties, the Respondent’s prevention notice dated 25 January 2019 and addressed to the Applicant in relation to premises known as Wakefield Park Raceway, located at 4770 Braidwood Road Tirrannaville NSW 2580, is varied under section 110 of the Protection of the Environment Operations Act 1997 (NSW) in accordance with the notice attached and marked Annexure “A”.

……………………….

P Walsh

Commissioner of the Court

Annexure A (36.4 KB, pdf) **********

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 09 January 2020 Appeal No. 19/50083

Annexure A BAC WMR Holdings Pty Ltd v Goulburn Mulwaree Council Notice of Variation of Direction to Take Preventive Action

8 January 2020

BAC WMR Holdings Pty Ltd PO Box 249 BENALLA VIC 3673 and to

Wakefield Park Motorsport Pty Ltd 4770 Braidwood Rd Tirrannaville NSW 2580

Attn: Chris Lewis-Williams

Background

On 25 January 2019, Goulburn Mulwaree Council issued a notice titled “Direction to Take Preventive Action” to BAC WMR Holdings Pty Ltd (Prevention Notice) in reliance on section 96 of the Protection of the Environment Operations Act 1997 (PEO Act).

On 14 February 2019, BAC WMR Holdings Pty Ltd commenced appeal proceedings in the Land and Environment Court of New South Wales (Proceedings) against the Prevention Notice in reliance on section 289 of the PEO Act.

On 22 October 2019, a conciliation conference between the parties was held in relation to the Proceedings. At that conciliation conference, the parties reached an agreement as to the variation of the terms of the Prevention Notice (Varied Prevention Notice). The parties agree that the Varied Prevention Notice is addressed to the correct entity and that, in the event that the Varied Prevention Notice ought to be addressed to the occupier of 4770 Braidwood Rd, Tirrannaville (the Site), the addressee (being the owner of the Site) will take all actions necessary to ensure compliance with the Prevention Notice.

Variation of Direction to Take Preventive Action

By this notice, Goulburn Mulwaree Council varies the Prevention Notice by replacing “Schedule 1” of the Prevention Notice with “Schedule 1” of this notice of variation as set out below.

Goulburn Mulwaree Council directs BAC WMR Holdings Pty Ltd to take the actions outlined in “Schedule 1” of this notice of variation.

Page 1 of 6 Appeal No. 19/50083

Schedule 1

Goulburn Mulwaree Council directs BAC WMR HOLDINGS PTY LTD and Wakefield Park Motorsport Pty Ltd to take the actions specified in the table below:

For the purpose of this notice:

• ‘Wakefield Park Raceway’ may be referred to as WPR within this Direction.

• Goulburn Mulwaree Council as the ‘Appropriate Regulatory Authority’ may be referred to as the ARA within this Direction.

• ‘Vehicle’ refers to cars, utilities, trucks, motorcycles or any other motorised devices used to convey a person.

• ‘Motorsport activities’ are defined as any activity or event involving a vehicle at Wakefield Park Raceway excluding facility maintenance and repairs.

• ‘Event’ is defined as one (1) calendar day.

• ‘Year’ refers to a calendar year; i.e. 1 January to 31 December.

• ‘Competition engines’ are defined as engines that are no longer in the same state or configuration as they were when they left the factory (for mass produced vehicles), or engines that have specifically been built for the purposes of motorsport activities.

• ‘Racing events’ means any motorsport activities except recreational events. For the avoidance of doubt, racing events include CAMS State, Australian Motor Racing Series, Australian Superbike Championship, Wakefield 300 Endurance Race and any other State or National Championship.

• ‘Recreational events’ means any of the following motorsport activities: Speed Off The Streets, Test & Tune, WPM Track Day, WPM Ride Day, WPM Trackschool, and any private hire event that does not involve vehicles participating in a competitive race.

Page 2 of 6

Appeal No. 19/50083

Table of Required Preventative Measures

Unless otherwise indicated, the requirements outlined in the table below must be implemented from 1 January 2020.

Operating hours

1. Use of the Wakefield Park Raceway facility for motorsport activities shall observe the following operating hours, Monday to Sunday:

• 8:00am to 6:00pm, for use of the motor racing circuit;

• 9:00am to 6:00pm or sundown, whichever first occurs, for racing events;

• 9:30am to 6:00pm or sundown, whichever first occurs, for recreational events.

For the purposes of warming up, testing and mechanical repairs/maintenance, competition engines may be started no earlier than 8:00am.

Community Consultation Committee

2. WPR will establish a community consultation committee (CCC) by 31 March 2020 consisting of: (1) one independent Chair (selected by Council, in consultation with WPR, from the list of eligible chairpersons maintained by the Department of Planning and Environment); (2) three members nominated by WPR; (3) three members who reside within 5 km of Wakefield Park Raceway; and (4) two Council members (being one staff member and an elected representative).

3. The CCC is to meet every 3 months for the 2020 year, and every 6 months after 1 January 2021, unless the CCC determines to meet less frequently, as a forum for discussion between the Chair, WPR and residents relating to WPR’s compliance with the noise management measures under this notice. WPR will provide the CCC with an update on its compliance. The Chair will provide Council with a short report after each meeting which identifies matters agreed by all CCC members, as well as matters that were not agreed and (to the extent there is disagreement) the reasons stated by the relevant members for that disagreement.

Page 3 of 6 Appeal No. 19/50083

95 dB(A) limit

4. Noise emitted by a vehicle shall not exceed an LAmax(Fast) greater than 95 dB(A) when measured at any point not less than 30 metres from the nearest edge of the track.

5. If, during motorsport activities, a vehicle emits noise above 95 dB(A) (when measured at any point not less than 30 metres from the nearest edge of the track) that vehicle will be black flagged and removed from the circuit. The vehicle will only be permitted to re-enter the circuit if it passes a compulsory static noise test. A mechanical rectification must be undertaken before that test is attempted. If the test is passed, but on a second occasion the vehicle emits noise above 95 dB(A) (when measured at any point not less than 30 metres from the nearest edge of the track), it will be excluded from any further participation that day.

Static vehicle noise testing

6. Implement a static vehicle noise testing procedure of a representative sample of vehicles involved in ‘motorsport activities’ at WPR during the event. Wakefield Park Raceway will test whichever is greater of:

• 15 vehicles per operational day; or

• 20% of the total number of vehicles participating on that operational day.

7. All static vehicle noise testing shall be completed prior to the selected vehicles entering onto the circuit.

8. Records of all static vehicle noise testing must be maintained by WPR for a period of 12 months, and are to be made available to Goulburn Mulwaree Council and/or the CCC at any time upon request.

Soundweb

9. (i) The existing Simpson Group Soundweb microphone or equivalent located at 42 metres from the track must monitor and record the LAeq(15min) noise levels emitted from all track related activities during operating hours for the purpose of assessing compliance with condition 19.

(ii) From 1 January 2020, an additional microphone is to be positioned at a point 30 metres from the nearest edge of the track to monitor and record the LAmax(Fast) noise levels for the purpose of assessing compliance with conditions 4 and 5.

Page 4 of 6

Appeal No. 19/50083

10. From 1 January 2020, WPR will ensure that a dedicated Sound Control Officer attends for each event to enforce noise management requirements (including monitoring noise levels and taking necessary action in relation to non-compliant vehicles).

11. Key operational staff at WPR are to be provided with appropriate training in the use and maintenance of the Soundweb system or equivalent, including the required procedures for removing a vehicle from the circuit.

12. Records of measurement and calibration will be maintained by WPR for a period of 12 months, and are to be made available to Goulburn Mulwaree Council and/or the CCC at any time upon request.

Weather records

13. Weather records sourced from Goulburn Airport AWS are to be maintained for a minimum period of 12 months and are to be made available to Goulburn Mulwaree Council and the CCC at any time upon request.

14. Weather records are to be accessible via a link displayed on the WPR website, which is to be maintained for public and site users’ information at all times (except during any necessary website maintenance or upgrade).

Calendar

15. A descriptive event/activity calendar of each event is to be maintained on the official WPR website.

16. The calendar on the website must present a minimum of the forthcoming three (3) month period, and if WPR proposes to change the calendar within 3 months of an event, WPR must notify Council if the new event will be noisier than that originally scheduled.

Booking information

17. At the time of booking for an event, competitors are to be provided with information with regards to noise compliance.

Noise Management Requirements

18. The existing Soundweb system will be used to measure noise emitted from WPR in conjunction with the Renzo Tonin & Associates predictive noise model provided to Council in September 2019.

Page 5 of 6

Appeal No. 19/50083

19. From 1 January 2020, the calendar will be structured so that:

(a) The LAeq(15min) for any event must not exceed 95 dBA when measured by the Soundweb system.

(b) A maximum of 75 events per year may have an LAeq(15min) within a range exceeding 85 dBA but not exceeding 95 dBA when measured by the Soundweb system.

(c) A maximum of 50 events per year may have an LAeq(15min) within a range exceeding 83 dBA but not exceeding 85 dBA when measured by the Soundweb system.

(e) One day per week will be subject to the requirement that the LAeq(15min) must not exceed 75 dBA when measured by the Soundweb system.

(f) Subject to paragraphs 19(a)-(e), the LAeq(15min) for all other events during the year must not exceed 83 dBA when measured by the Soundweb system.

20. Without limiting any power of Council to revoke or vary this notice under section 110 of the Protection of the Environment Operations Act 1997, Council and WPR must meet to review the terms of this notice annually during the last 3 months of each calendar year.

Page 6 of 6

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

APPENDIX B Curriculum vitae of Renzo Tonin

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 32

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

Curriculum Vitae

Renzo Tonin

Consultant

machine health monitoring, coal washeries, public Qualifications buildings and auditoria. His special interest is in the use of computer technology • Ph.D. (Mech Eng), B.Sc (Hons.) University of Adelaide to solve problems in the fields of acoustics and dynamics. • Fellow Australian Acoustical Society He is a contributing author to the book "Environmental • Hon member AAAC Modeling" which is a publication designed to bring Fellow Engineers Australia together current expertise on modeling of the • environment using computer based techniques. Member Acoustical Society of America • His doctorial thesis addressed the use of laser 3D • NPER holography for the study of vibration. A distinguished international journal honored his work in this field by NATA Accredited Signatory • presenting one of his papers as a featured article.

Appointments His sponsored studies include the following; Industrial noise, construction noise & vibration, occupational noise, • Honorary Affiliate and Member - Woolcock Institute of structural vibration, acoustic research & development, Medical Research Limited architectural acoustics, building mechanical services and expert representation in legal cases. • Standards Australia committee member AV-003, AV- 004 and EV-010 Relevant Experience Awards ROADS AND MOTORWAYS

• Australian Acoustical Society Award for Excellence in M5 and M5 East EIS, M4 motorway, Silverwater Road Acoustics 1988 . "New Studios for Radio 2EA" Extension, Princes Highway - Oak Flats to Dunmore EIS, Tomerong Bypass EIS, F2 Castlereagh Freeway, Phillip

• Australian Acoustical Society Award for Excellence in Parkway EIS, Liverpool to Hornsby Highway Strategy Acoustics 1992. "Victoria Barracks 2nd Military District Study, Elizabeth Drive Upgrade, Western Sydney Orbital Band Practice Facility and Badgery’s Creek Highway, M2 Motorway Noise Barriers, Albury Wodonga National Highway, M4 Western Key Skills and Competencies Motorway Via-Duct, Church Street to James Ruse Drive, Granville. Dr Tonin's belief that high technology acoustics and dynamics engineering should form part of every day RAIL INFRASTRUCTURE consulting has found acceptance with many clients. This Epping to Chatswood Rail Line (ECRL); Very Fast Train is reflected in a strong company growth rate from private (VFT); Perisher SkiTube; Tangara double-deck train practice in November 1982 to one of the largest acoustics; assessment and design of noise and vibration consulting companies specialising in acoustics isolation systems of multiple suburban and inner city engineering today. residential and commercial developments alongside or His sponsored studies encompass such diverse activities above railway lines and railway tunnels. as radio and TV studios, commercial buildings, ships, SWRL Glenfield to Leppington Rail Line, GLRL (D&C); motor vehicles, trains, industrial complexes, power Epping to Chatswood Rail Line, ECRL (Design Review); stations, product development, material handling plant, Very Fast Train (VFT); Perisher SkiTube;.

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 33

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

RAIL CORRIDOR DEVELOPMENTS Electricity Commission of NSW - Liddell Generating Station: Unit 2 multi-plane balance, Electricity Generating Assessment and design of multiple suburban and inner Authority - Investigation of high vibration levels of both city residential and commercial developments alongside Boiler Feed Pump and Turbine, Electricity Generating or above railway lines and railway tunnels Authority - Investigation of cause of shaft bow and severe RAIL ROLLING STOCK bearing damage in vertical cooling water pumps ,ICI Olefines Plant – Sydney, APCL - Kandos NSW, CIG, Shell Tangara double-deck train acoustics. Clyde Refinery, Alcan Kurri Kurri, Water Board.

PUBLIC HEARINGS AND INQUIRIES STRUCTURAL DYNAMICS

Possum Brush Quarry Inquiry, Mt Arthur South Inquiry, Munmorah Power Station – High density modal analysis Rix's Creek Inquiry, F2 Castlereagh Freeway Inquiry, Bulga of generator casing to locate source of excessive high Mine Inquiry, Mt Flora Quarry Hearing, Cleary Bros Sand frequency casing vibration, Hail Creek Coal Preparation Mine Hearing. Plant – FEA analysis of structural vibration in 7 storey WIND FARMS industrial structure with respect to human vibration exposure and structural damage criteria, Vales Point Taralga Wind Farm NSW, Toora Wind Farm VIC, Generating Station: Unit 3 fatigue investigation, Snowy Winchelsea Wind Farm VIC, Glen Innes Wind Farm NSW, Mountains Hydro-Electric Authority - Murray 2 Power Gullen Range Wind Farm NSW, Cullerin Range Wind Farm Station - Pipeline vibration investigation, Electricity NSW, Capital Wind Farm NSW, Woodlawn Wind Farm Generating Authority – Condenser tube vibration analysis, NSW, Crudine Ridge Wind Farm NSW. Electricity Generating Authority – Boiler feed pump booster low frequency vibration analysis, Gas Supply GOVERNMENT BUILDINGS Authority – Pipework vibration analysis Sydney Entertainment Centre sound reinforcement system, the Glebe Remand Centre floating floor project, Applied Arts & Sciences Stage II expansion, Professional History Geological & Mining Museum, the Mint and • 2016 - Consultant, Renzo Tonin & Associates (NSW) Barracks building refurbishment, Sydney Football Pty Ltd Stadium and the Darling Harbour Development. • 1982-2016 - Director and Principal, Renzo Tonin & HOTELS Associates Pty Ltd Observatory Hotel, Sydney Hilton, Sydney Regent, • 1979-1982 - Associate Director and Sydney Office Ritz/Carlton, Sheraton Hyde park, Country Comfort Manager, Vipac & Partners Pty Ltd Central, World Square, Hyde Park Plaza, Sheraton Hobart, Campbell St Hotel, Novotel Darling Harbour, Bullecourt • 1976-1978 - Post graduate studies, University of place, La Galleria Kings Cross, Bayswater Hotel, Park Adelaide Mechanical Engineering Department Hyatt, Parramatta Hotel, Sheraton Airport Central, Chatswood Connection. Books COMMERCIAL TOWERS • Environmental Modeling - Vol 1. Chapter 7. Environ- QV1 development Perth, Robt Jones Tower Auckland NZ, mental Noise Modeling. P Zannetti ed. 135 King St, Australia Square refurbishment, Landmark, Computational Mechanics Publications. 1993. 545 Kent St, Metroplaza North Sydney, Airport Central Commercial, Chatswood Connection, Chatswood Publications Interchange, 45 Clarence St. Time-Averaged Holography For The Study of Three- APARTMENT/RESIDENTIAL • Dimensional Vibrations. Journal of Sound and Raleigh Park, Quay West, Frenchs Forest, Port Jackson Vibration (1977) 52 (3), 315-323. Tower, HighGate Kent St, Northborne Ave Canberra, General Theory of Time-Averaged Holography for the Crown Street Apartments, Crown Gardens, Villa • Study of Three- Dimensional Vibrations at a Single Development, 19-21 George St North Strathfield, Mark Frequency. Journal of the Optical Society of America Foys Warehouse Apartments, Frenchs Forest Medium (1978) 68 (7), 924-931. Density, Linda St Hornsby, Camden Retirement Village, The Elan, 37 Glen St Milsons Point, Hawthornden Estate, • Analysis of 3-D Vibrations from Time-Averaged Rockwall Apartments, Pavilion On The Harbour. Holograms. Applied Optics (1978) 17 (23), 3713-3721. (Featured Article). SOUND SYSTEM DESIGN Free Vibration of Circular Cylinders of Variable Sydney Entertainment Centre, Darling Harbour • Thickness. Journal of Sound and Vibration (1979) 62 Convention Centre and Exhibition Halls, Darling Harbour (2), 165-180. Park Sound System, Baulkham Hills Entertainment Centre, Sydney Sports Stadium, Hallstrom Park Sports Complex, • Determination of Ambient Noise Levels in the Homebush Sports Centre, NSW. Presence of a Disturbing Noise Source Using a Directional Microphone. 10th International Congress ROTATING MACHINERY VIBRATION on Acoustics (1980).

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 34

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

• Acoustic Requirements to Curb Rain Noise from Metal • Offensive Noise in Planning & Enforcement: Is there a Deck Roofs. Bulletin Acoustics Australia (1985) 13 (1), Difference? Environmental Law News (55) 2010 16. • Sources of Wind Turbine Noise and Sound • Estimating Noise Levels from Petrochemical Plants, Propagation. Acoustics Australia 40(1) 2012 Mines and Industrial Complexes. Acoustics Australia RONDA - CPX Trailer Initial Test Results. R Tonin, A (1985) 13 (2), 59-67. • Szabo. Inter-noise 2014 Melbourne Australia Application of Modelling Techniques to Resolving a • Response to Simulated Wind Farm Infrasound Dynamics Problem in a Building Structure. The First • Including Effect of Expectation. Renzo Tonin and Australasian MSC Users Conference, June 1987. James Brett. Wind Industry Forum 2015. Vibration Isolation of Impacts in High-Rise Structures. • Response to Simulated Wind Farm Infrasound The Second Australasian MSC Users Conference, Nov • Including Effect of Expectation. Renzo Tonin and 1988. James Brett. Sixth International Meeting on Wind • Future Noise and Vibration Control Methods for Turbine Noise Glasgow, Scotland, 20th – 23rd April Building Services. 2nd CIBSE Australian Conference, 2015. Nov 26-28, 1991. • RONDA open frame CPX trailer - results of first trials. • Acoustic and Vibration Insulation in Buildings. R Tonin, M Chung, M Gange. Inter-noise 2015 San Building Science Forum of Australia Seminar. Francisco USA 'Insulation, Thermal, Acoustic'. Aug 25, 1993. • The effect of infrasound and negative expectations to • ENM Windows - Environmental Noise Model. Euro- adverse pathological symptoms from wind farms. noise ‘95 Software for Noise Control Conference. Lyon, Renzo Tonin, James Brett and Ben Colagiuri. Journal France 21-23 March 1995. of Low Frequency Noise, Vibration and Active Control 2016. Vol 35(1) 77-90 • Modelling Virtual Noise for the Real Environment. Noise & Vibration Worldwide. June 1995. pp 10-12. • RONDA open frame CPX trailer - Certification in accordance with ISO/CD 11819-2. Renzo Tonin, A Method of Strategic Traffic Noise Impact Analysis. • Dominic Chan, Geoffrey Huang. Internoise 2016 Proceedings of Internoise 96, August 1996, Liverpool Hamburg 4985-4996 UK, pp 2395-2400. Quiet Road Pavements: Design and Measurement - ENM Windows – Environmental Noise Model. Air & • • State of the Art. Renzo Tonin. Acoustics Australia Waste Management Association’s 90th Annual (2016) 44: 235-247 Meeting & Exhibition, Toronto, Ontario, Canada, 1997. Comparison of CPX and OBSI noise measurements for Validation of Environmental Noise Model (ENM • • different road surfaces. R Tonin, T. Saurer. Internoise Windows). Acoustics Australia Vol 25 (1997) No 2 pp 2017, Hong Kong 75-79. A Review of Wind Turbine-Generated Infrasound: Acoustical Research in Australia. Acoustics Australia • • Source, Measurement and Effect on Health. R Tonin. Vol 25 (1997) No 2 pp 49-63 (contributing editor). Acoustics Australia (2018) 46: 69-86 Heavy Vehicle Noise Reduction Study. Fifth • International Congress on Sound and Vibration, Adelaide, South Australia, Dec, 1997, P Karantonis, N Ishac and R Tonin.

• Comparison of Occupational Noise Exposure Results Acquired from an In-Ear Probe Tube and an Artificial Ear, for Users of Tele-Communication Headsets. Seventh International Congress on Noise as Public Health Problem, ‘Noise Effects ‘98’, Sydney, NSW, November 1998, P Karantonis and R Tonin.

• Occupational Noise Management - Educating the Workforce. Australian Acoustical Society Conference Nov 1999. Pages 71-88. N Koolik, D Eager, R Tonin

• Sensitivity of Frequency Response to Type of Tubing, 11 AWES Workshop, Darwin 2004, A.W.Rofail, R.Tonin and D.Hanafi

• The BCA 2004 – A Plan For The Future. (Invited Paper) Australian Acoustical Society, Acoustics 2004 Proceedings, November 2004.

• What is offensive noise? A case study in NSW. Acoustics Australia 38(1) 2010

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 35

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

APPENDIX C Glossary of terminology

The following is a brief description of the technical terms used to describe noise to assist in understanding the technical issues presented.

Absorption Coefficient The absorption coefficient of a material, usually measured for each octave or third-octave band α and ranging between zero and one. For example, a value of 0.85 for an octave band means that 85% of the sound energy within that octave band is absorbed on coming into contact with the material. Conversely, a low value below about 0.1 means the material is acoustically reflective.

Adverse weather Weather effects that enhance noise (particularly wind and temperature inversions) occurring at a site for a significant period of time. In the NSW INP this occurs when wind occurs for more than 30% of the time in any assessment period in any season and/or temperature inversions occurring more than 30% of nights in winter.

Air-borne noise Noise which is fundamentally transmitted by way of the air and can be attenuated by the use of barriers and walls placed physically between the noise source and receiver.

Ambient noise The all-encompassing noise associated within a given environment at a given time, usually composed of sound from all sources near and far.

Amenity A desirable or useful feature or facility of a building or place.

AS Australian Standard

Assessment period The time period in which an assessment is made. e.g. Day 7am-10pm & Night 10pm-7am.

Assessment Point A location at which a noise or vibration measurement is taken or estimated.

Attenuation The reduction in the level of sound or vibration.

Audible Range The limits of frequency which are audible or heard as sound. The normal hearing in young adults detects ranges from 20 Hz to 20 kHz, although some people can detect sound with frequencies outside these limits.

A-weighting A filter applied to the sound recording made by a microphone to approximate the response of the human ear.

Background noise Background noise is the term used to describe the underlying level of noise present in the ambient noise, measured in the absence of the noise under investigation. It is described as the average of the minimum noise levels measured on a sound level meter and is measured statistically as the A- weighted noise level exceeded for ninety percent of a sample period. This is represented as the LA90 noise level if measured as an overall level or an L90 noise level when measured in octave or third-octave bands.

Barrier (Noise) A natural or constructed physical barrier which impedes the propagation of sound and includes fences, walls, earth mounds or berms and buildings.

Berm Earth or overburden mound.

Buffer An area of land between a source and a noise-sensitive receiver and may be an open space or a noise-tolerant land use.

Bund A bund is an embankment or wall of brick, stone, concrete or other impervious material, which may form part or all of the perimeter of a compound.

BS British Standard

CoRTN United Kingdom Department of Environment entitled “Calculation of Road Traffic Noise (1988)”

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 36

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

Decibel [dB] The units of sound measurement. The following are examples of the decibel readings of every day sounds: 0dB The faintest sound we can hear, defined as 20 micro Pascal 30dB A quiet library or in a quiet location in the country 45dB Typical office space. Ambience in the city at night 60dB CBD mall at lunch time 70dB The sound of a car passing on the street 80dB Loud music played at home 90dB The sound of a truck passing on the street 100dB The sound of a rock band 110dB Operating a chainsaw or jackhammer 120dB Deafening dB(A) A-weighted decibel. The A- weighting noise filter simulates the response of the human ear at relatively low levels, where the ear is not as effective in hearing low frequency sounds as it is in hearing high frequency sounds. That is, low frequency sounds of the same dB level are not heard as loud as high frequency sounds. The sound level meter replicates the human response of the ear by using an electronic filter which is called the “A” filter. A sound level measured with this filter is denoted as dB(A). Practically all noise is measured using the A filter. dB(C) C-weighted decibels. The C-weighting noise filter simulates the response of the human ear at relatively high levels, where the human ear is nearly equally effective at hearing from mid-low frequency (63Hz) to mid-high frequency (4kHz), but is less effective outside these frequencies. The dB(C) level is not widely used but has some applications.

Diffraction The distortion of sound waves caused when passing tangentially around solid objects.

DIN German Standard

ECRTN Environmental Criteria for Road Traffic Noise, NSW, 1999

EPA Environment Protection Authority

Field Test A test of the sound insulation performance in-situ. See also 'Laboratory Test' The sound insulation performance between building spaces can be measured by conducting a field test, for example, early during the construction stage or on completion. A field test is conducted in a non-ideal acoustic environment. It is generally not possible to measure the performance of an individual building element accurately as the results can be affected by numerous field conditions.

Fluctuating Noise Noise that varies continuously to an appreciable extent over the period of observation.

Free-field An environment in which there are no acoustic reflective surfaces. Free field noise measurements are carried out outdoors at least 3.5m from any acoustic reflecting structures other than the ground.

Frequency Frequency is synonymous to pitch. Sounds have a pitch which is peculiar to the nature of the sound generator. For example, the sound of a tiny bell has a high pitch and the sound of a bass drum has a low pitch. Frequency or pitch can be measured on a scale in units of Hertz or Hz.

Ground-borne noise Vibration propagated through the ground and then radiated as noise by vibrating building elements such as wall and floor surfaces. This noise is more noticeable in rooms that are well insulated from other airborne noise. An example would be vibration transmitted from an underground rail line radiating as sound in a bedroom of a building located above.

Habitable Area Includes a bedroom, living room, lounge room, music room, television room, kitchen, dining room, sewing room, study, playroom, family room, home theatre and sunroom. Excludes a bathroom, laundry, water closet, pantry, walk-in wardrobe, corridor, hallway, lobby, photographic darkroom, clothes drying room, and other spaces of a specialised nature occupied neither frequently nor for extended periods.

Heavy Vehicle A truck, transporter or other vehicle with a gross weight above a specified level (for example: over 8 tonnes).

IGANRIP Interim Guideline for the Assessment of Noise from Rail Infrastructure Projects, NSW DEC 2007

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 37

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

Impulsive noise Having a high peak of short duration or a sequence of such peaks. A sequence of impulses in rapid succession is termed repetitive impulsive noise.

INP NSW Industrial Noise Policy, EPA 1999

Intermittent noise The level suddenly drops to that of the background noise several times during the period of observation. The time during which the noise remains at levels different from that of the ambient is one second or more.

Intrusive noise Refers to noise that intrudes above the background level by more than 5 dB(A).

ISEPP State Environmental Planning Policy (Infrastructure), NSW, 2007

ISEPP Guideline Development Near Rail Corridors and Busy Roads - Interim Guideline, NSW Department of Planning, December 2008

L1 The sound pressure level that is exceeded for 1% of the time for which the given sound is measured.

L10 The sound pressure level that is exceeded for 10% of the time for which the given sound is measured.

L10(1hr) The L10 level measured over a 1 hour period.

L10(18hr) The arithmetic average of the L10(1hr) levels for the 18 hour period between 6am and 12 midnight on a normal working day.

L90 The level of noise exceeded for 90% of the time. The bottom 10% of the sample is the L90 noise level expressed in units of dB(A).

LAeq or Leq The “equivalent noise level” is the summation of noise events and integrated over a selected period of time, which would produce the same energy as a fluctuating sound level. When A- weighted, this is written as the LAeq.

LAeq(1hr) The LAeq noise level for a one-hour period. In the context of the NSW EPA’s Road Noise Policy it represents the highest tenth percentile hourly A-weighted Leq during the period 7am to 10pm, or 10pm to 7am (whichever is relevant).

LAeq(8hr) The LAeq noise level for the period 10pm to 6am.

LAeq(9hr) The LAeq noise level for the period 10pm to 7am.

LAeq(15hr) The LAeq noise level for the period 7am to 10pm.

LAeq (24hr) The LAeq noise level during a 24 hour period, usually from midnight to midnight.

Lmax The maximum sound pressure level measured over a given period. When A-weighted, this is usually written as the LAmax.

Lmin The minimum sound pressure level measured over a given period. When A-weighted, this is usually written as the LAmin.

Loudness A rise of 10 dB in sound level corresponds approximately to a doubling of subjective loudness. That is, a sound of 85 dB is twice as loud as a sound of 75 dB which is twice as loud as a sound of 65 dB and so on. That is, the sound of 85 dB is four times or 400% the loudness of a sound of 65 dB.

Microphone An electro-acoustic transducer which receives an acoustic signal and delivers a corresponding electric signal.

NCA Noise Catchment Area. An area of study within which the noise environment is substantially constant.

Noise Unwanted sound

Pre-construction Work in respect of the proposed project that includes design, survey, acquisitions, fencing, investigative drilling or excavation, building/road dilapidation surveys, minor clearing (except where threatened species, populations or ecological communities would be affected), establishing ancillary facilities such as site compounds, or other relevant activities determined to have minimal environmental impact (e.g. minor access roads).

Reflection Sound wave reflected from a solid object obscuring its path.

RING Rail Infrastructure Noise Guideline, NSW, May 2013

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 38

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

RMS Root Mean Square value representing the average value of a signal.

Rw Weighted Sound Reduction Index A measure of the sound insulation performance of a building element. It is measured in very controlled conditions in a laboratory. The term supersedes the value STC which was used in older versions of the Building Code of Australa. Rw is measured and calculated using the procedure in ISO 717-1. The related field measurement is the DnT,w. The higher the value the better the acoustic performance of the building element.

R'w Weighted Apparent Sound Reduction Index. As for Rw but measured in-situ and therefore subject to the inherent accuracies involved in such a measurement. The higher the value the better the acoustic performance of the building element.

RNP Road Noise Policy, NSW, March 2011

Sabine A measure of the total acoustic absorption provided by a material. It is the product of the Absorption Coefficient (alpha) and the surface area of the material (m2). For example, a material with alpha = 0.65 and a surface area of 8.2m2 would have 0.65 x 8.2 = 5.33 Sabine. Sabine is usually calculated for each individual octave band (or third-octave).

SEL Sound Exposure Level (SEL) is the constant sound level which, if maintained for a period of 1 second would have the same acoustic energy as the measured noise event. SEL noise measurements are useful as they can be converted to obtain Leq sound levels over any period of time and can be used for predicting noise at various locations.

Sound A fluctuation of air pressure which is propagated as a wave through air.

Sound absorption The ability of a material to absorb sound energy by conversion to thermal energy.

Sound Insulation Sound insulation refers to the ability of a construction or building element to limit noise transmission through the building element. The sound insulation of a material can be described by the Rw and the sound insulation between two rooms can be described by the DnT,w.

Sound level meter An instrument consisting of a microphone, amplifier and indicating device, having a declared performance and designed to measure sound pressure levels.

Sound power level Ten times the logarithm to the base 10 of the ratio of the sound power of the source to the reference sound power of 1 pico watt.

Sound pressure level The level of noise, usually expressed in decibels, as measured by a standard sound level meter with a microphone referenced to 20 mico Pascal.

Spoil Soil or materials arising from excavation activities.

STC Sound Transmission Class A measure of the sound insulation performance of a building element. It is measured in controlled conditions in a laboratory. The term has been superseded by Rw.

Structure-borne Noise Audible noise generated by vibration induced in the ground and/or a structure. Vibration can be generated by impact or by solid contact with a vibrating machine. Structure-borne noise cannot be attenuated by barriers or walls but requires the isolation of the vibration source itself. This can be achieved using a resilient element placed between the vibration source and its support such as rubber, neoprene or springs or by physical separation (using an air gap for example). Examples of structure-borne noise include the noise of trains in underground tunnels heard to a listener above the ground, the sound of footsteps on the floor above a listener and the sound of a lift car passing in a shaft. See also 'Impact Noise'.

Tonal Noise Sound containing a prominent frequency and characterised by a definite pitch.

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 39

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

Transmission Loss The sound level difference between one room or area and another, usually of sound transmitted through an intervening partition or wall. Also the vibration level difference between one point and another. For example, if the sound level on one side of a wall is 100dB and 65dB on the other side, it is said that the transmission loss of the wall is 35dB. If the transmission loss is normalised or standardised, it then becomes the Rw or R'w or DnT,w.

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 40

RENZO TONIN & ASSOCIATES SEPTEMBER 2020

APPENDIX D Goulburn Mulwaree Council Response to Resident Action Group Questions - Wakefield Park Raceway Prevention Notice. 14 February 2020

BAC WMR HOLDINGS PTY LIMITED REDEVELOPMENT OF WAKEFIELD PARK RACEWAY TK792-03F04 WAKEFIELD PARK RACEWAY NOISE IMPACT NOISE IMPACT ASSESSMENT ASSESSMENT (R0) 41

14 February 2020

Wakefield Park Noise Action Group C/- Mr Mason Thomas Via email: [email protected]

Dear Mason

Subject: Response to Resident Action Group Questions Wakefield Park Raceway Prevention Notice ______

I refer to recent email correspondence relating to the Order made by the NSW Land & Environment Court on 8 January 2020. As requested, Council received a consolidated list of questions to address. We thank you for your cooperation in relation to this request, and for your patience as answers have been compiled.

In addition to compiling a response Council have also met with Wakefield Park Raceway management on Tuesday 4 February 2020 in order to review the requirements of the amended Prevention Notice and to ensure that both parties were familiar with the Court- endorsed requirements.

Nevertheless, please find attached a tabulated response to the questions posed by the Noise Action Group.

In compiling the response, Council have sought to address all questions posed by the Group. Council will not be providing further comment in relation to any of the questions previously responded to or variations thereof. It is noted however that Council has not addressed the additional statements/commentary contained within the document provided by the Group. They have been perceived as inflammatory, ill-advised and do not assist any party in attempts to resolve the matter. We respectfully request that all future correspondence be framed with this in mind.

Council is also aware that direct contact is being made with its legal representative. We ask that this cease immediately. Alternatively you may wish to seek your own independent legal advice. As the matter progresses, Council will contact the Noise Action Group as necessary.

Failing to adhere to the above requests may see Council enact its Unreasonable Complainant Conduct Policy which would see contact with Officers become restricted.

Yours sincerely

Scott Martin Director Planning & Environment

Attachment: GMC’s response to questions raised

ATTACHMENT: GMC Response to Resident Action Group Questions Wakefield Park Raceway Prevention Notice

QUESTION TO GMC on issues included in the amended GMC GMC RESPONSE Direction to take Preventive Action

1.0 GMC authority as GMC are the Regulatory Authority

1.1 If GMC vary their amended Schedule 1 Direction conditions Council has the ability at any point to vary the content of the Prevention Notice, or will they do so independently or would there be WPR alternatively replace the current Notice with a new one if it is of the view that elements involvement? of the current Notice are ineffective.

1.2 As GMC are the "Appropriate Regulatory Authority", GMC One of the key results for Council from the s34 was the commitment made by has the power to shut WPR down. Why doesn't GMC exercise Wakefield Park to lodge a new Development Application by 1 August 2020. Council sees its authority to unilaterally set the WPR Consent conditions this outcome as a great result for the wider community, as the requirement for right now? Wakefield Park to modernise their consent is now essentially embedded in law. Because of this, the revised Prevention Notice is effectively in place as an interim measure until any forthcoming development application has been assessed and determined. Council (and therefore the community) will have the opportunity to revisit many of these concerns during the assessment of the development application, and will be in a better position by this time to understand the effectiveness of issues such as the CCC and noise modelling.

Until such time as a new DA is lodged, Council does not have the ability to vary, or reset, conditions of consent. The decision to pursue a Prevention Notice under the POEO legislation provided Council with a opportunity to do something as close as possible to your suggestion, however, as has been evident WPR have the right to appeal any such action. 1.3 When WPR present their DA how much time will residents Any forthcoming development application will be notified and exhibited in accordance have to "revisit many of these concerns during the assessment with Council’s Community Participation Plan. Council can use its discretion to extend of the development application" notification periods, or re-exhibit if required. 1.4 Will GMC allow the number of high noise days to be further Until such time as a DA is received, Council cannot comment. Any application will be increased in the "modernised" WPR DA? assessed based upon the information provided and will consider any feedback provided by the community in relation to the application. ATTACHMENT: GMC Response to Resident Action Group Questions Wakefield Park Raceway Prevention Notice

2.0 DAILY EVENT NOISE LIMITS

2.1 Does GMC agree that allowed resident noise levels have No, GMC does not agree with this statement or the breakdown provided. gone from: . WPR Consent Conditions 0% days per year no noise above Background + 5dBA . 25/1/2019 Direction to take Preventive Action 4% days per year having a resident noise greater than LAeq10minute of 40dBA (16 events) . 8/2/2020 Direction to take Preventive Action 34% days per year having a resident noise greater than LAeq15minute of 41.4 dBA (125 events) ??

Averaging noise over 15 minutes instead of 10 minutes as proposed in the amended Schedule 1 gives for the same noise a lower noise dB reading. Thus 41.4dBA is actually an even higher figure again than GMC proposed in the 25/1/2019 Schedule 1. Many races at WPR are 10 minutes duration.

2.2 Will GMC provide residents with a copy of the Renzo Tonin No, the predictive noise model is subject to copyright law and as GMC is not the owner & Associates predictive noise model documents? of this information cannot pass this information on without the consent of WPR. It is advised that you contact WPR should you wish to obtain this information. 2.3 How is the Renzo Tonin & Associates theoretical predictive Council officers are very satisfied in the manner in which its acoustic consultant was noise model going to be practically validated in that it correctly able to evaluate, critique and hold Wakefield Park and it’s consultant to account portrays our topological & meteorological conditions for noise through the process. As a result we have confidence in the modelling used, which I must at our residences, particularly in winter, for thermal inversions point out has been field tested, corrected and peer-reviewed accordingly. & for our unique topography?

2.4 Why has the GMC amended Schedule 1 no longer have the This requirement was removed through the mediation process as it was determined by requirement for 2 compliance noise monitors at resident’s both acoustic consultants that it was not required at this point in time. houses? ATTACHMENT: GMC Response to Resident Action Group Questions Wakefield Park Raceway Prevention Notice

2.5 Why is there no mention that the present DA noise Given that this is a requirement of the original consent, the court saw no value in conditions are maximum noise at resident’s homes is LA of repeating this requirement in the amended Prevention Notice. Background + 5dBA? 2.6 Will GMC check the noise monitor distances from the track The court acknowledged that the existing monitor was located at an incorrect distance, edge? and as a result adjustments were made to the predictive noise model and the It was discovered that WPR had placed their noise monitor 42m Soundweb software to account for this difference. Nonetheless, whilst GMC were on away from the track edge & not 30m & as required by the site on 4 February 2020 Council validated compliance with 9(ii) of the Prevention Notice consent conditions. (i.e. at the correct 30m distance).

2.7 As the present noise monitor location is 42m & not 30m Please refer to the response for question 2.6, above. away from the track edge will WPR reduce their noise monitor limit from 95dB to 92dB? Because of the logarithmic scale this is equivalent to a 50% reduction in noise.

3.0 NOISE MONITOR RESULTS TRANSPARENCY

3.1 Will GMC ensure day to day transparency of WPR noise In undertaking the s34, there was a requirement for each party to participate willingly monitor chart noise recordings to all stakeholders including and offer solutions to move the matter forward in a positive direction. Because Council residents? has the ability to obtain the noise data from Wakefield Park at short notice, Council and The present Direction has very limited transparency to its representatives did not feel that requiring Wakefield Park to make their data publicly residents & gives WPR no immediate reason to enforce noise available would achieve any additional benefit, and would have been seen as an overly compliance. onerous requirement by the Court. Furthermore, it will be in WPR’s best interests to comply with the prevention notice to not only ensure the successful determination of its future DA, but to also demonstrate their intention to be an ethical corporate citizen. ATTACHMENT: GMC Response to Resident Action Group Questions Wakefield Park Raceway Prevention Notice

3.2 Why can’t the resident’s noise monitor be installed It was established early on in the proceedings that an additional noise monitor in the alongside the WPR noise monitor? same location as Wakefield Park’s existing noise monitor would not provide any This would give transparency & give WPR an excuse to enforce additional benefit to Council in its capacity as the regulatory authority. Requesting such noise compliance on their customers. an item would likely have been regarded by the Court as being onerous and of no additional benefit to the process. Nevertheless, there is nothing to prevent the residents seeking their own agreement with Wakefield Park to collocate their own monitor.

3.3 Why can’t the WPR noise monitor readings & chart As stated in the response to question 3.1 above, Council has the ability to obtain the recordings be put on the internet each day? noise data from Wakefield Park at short notice, Council and its representatives did not feel that requiring Wakefield Park to make their data publicly available would achieve any additional benefit, and would have been seen as an overly onerous requirement by the Court.

3.4 Will residents only be able to obtain a copy of the noise Council has the ability at any point in time to require Wakefield Park to produce their records every 6 months in 2021? noise data as the Appropriate Regulatory Authority. Should complaints be received by residents for specific dates, times or events Council will review the data and provide the appropriate feedback to residents and take the appropriate action with the venue as required.

3.5 Will GMC provide residents with full access to the chart No. In accordance with the response to 3.4, appropriate feedback will be provided to records after complaining about a noisy event? residents following the investigation of any validated complaint.

4.0 COMMUNITY CONSULTATION COMMITTEE

"The CCC will provide a platform for transparency, whilst Wakefield Park have committed to employing a dedicated Noise Control Officer. As this forms a part of the revised Notice, it is in Wakefield Park’s best interests to comply as failure to do so puts them at risk of being in contempt of the Court." Email 13/1/2020

4.1 Does GMC agree that the Community Consultation Yes, and hence the reason why Council have adopted the NSW CCC Guidelines as the Committee should be truly independent? model for this CCC to follow. ATTACHMENT: GMC Response to Resident Action Group Questions Wakefield Park Raceway Prevention Notice

4.2 Will all information be made available to any CCC member As with any CCC, this will depend on the information sought, the ownership of the who asks for it? information will ultimately be at the discretion of the independent Chair. If information is withheld from any CCC member then the CCC could be seen as a lame duck by being ineffectual. 4.3 Why does the amended GMC Direction state that the This is a standard protocol adopted by the NSW Department of Planning Industry and Community Consultation Committee Chairperson would be Environment when establishing CCC’s across NSW. “selected by Council, in consultation with WPR“ (item 2 of the In effect WPR is responsible for establishing the CCC as per the Prevention Notice. amended Direction)? 4.4 Why does GMC not want a truly independent selected Council does not agree with this statement. Chairperson? 4.5 Why has GMC decided the CCC should not be This was a determination made within the confines of the s34 mediation process, with representative of all residents who complain but only those consultation from both acoustic experts who recommended that the most affected living within 5km of WPR? residents with regard to noise impact be assured a presence on the CCC in accordance with the data presented to the Court. 4.6 Why has GMC not allowed 50% of the residents who spoke Please refer to 4.6, above. at the Land & Environment Court to be excluded from being As per all CCC operations, it is the expectation that CCC membership is reflective of members of the CCC? those most affected. If you are not selected to be part of the CCC, the expectation is that you would be represented by any of the members that have been elected. 4.7 Why has GMC decided that the amended Schedule 1 state It is Council’s understanding that the CCC Chair would have the ability to increase the Community Consultation Committee is to be held every 3 meeting frequency if they saw fit to do so. As with the above response, Council would months in 2020 & only every 6 months in following years? have the ability to vary the terms of the Notice if required. Additionally, if a number of There was no mention in the 25/1/2019 Schedule 1 that the concerns were received or complaints raised via the CCC process, additional meetings CCC meetings were to be reduced. could be convened by the Chair and Council could then use this as a trigger to vary the Prevention Notice if required. The reason that the frequency drops to 6-monthly intervals in 2021 is because it is expected that a new DA will be in force, and the CCC may be subject to different rules/objectives and/or consent conditions. 4.8 Why can’t the meeting frequency be decided by the As previously advised, this can be amended. An extraordinary meeting can potentially independent Chairperson & the residents? be called at any time should the need arise. ATTACHMENT: GMC Response to Resident Action Group Questions Wakefield Park Raceway Prevention Notice

5.0 NOISE ENFORCEMENT

Non-compliance with the prevention notice is an offence in itself, and Council have the 5.1 Does GMC want to ensure that WPR has a strong incentive ability to issue infringement notices to WPR should non-compliance with the prevention to bring their cowboy customers, or their regular customers, or notice be found. their friends to obey the GMC Direction? Under no legislation can Council pursue an individual driver of a vehicle. The The GMC amended Schedule1 does not ensure WPR or their responsibility for all noise emissions from the raceway solely rests with WPR. customers have a strong incentive to abide by the noise restrictions as there is no immediate direct response to noise infringements on the driver or WPR. 5.2 How will GMC police the 8/1/2020 Direction on a day to day There is no requirement for this to be policed on a day to day basis. Council will be basis? acting on a complaints basis and audit operations in accordance with the preventative measures detailed in Schedule 1 as required.

5.3 How will GMC enforce the 8/1/2020 Direction on a day to The Prevention Notice will only be enforced if a breach is established. day basis? 5.4 If WPR exceed their noise allowance, which on past actions This will need to be reviewed on a case by case basis. Any action will depend on the particularly occurs with “Recreational events”, then what will severity of the breach, and whether the breach becomes a repeated failure on WPR’s GMC do? part, among other considerations. * Will WPR automatically lose the right to have another event day at that permitted noise level? * Or if occurs on the lowest noise day of max LAeq15minute of 75dBA what will happens? Will WPR continue breaking that restriction as nothing will happen in the short term?

5.5 What are the detailed steps GMC will take if WPR does not Please refer to responses to items 5.1 and 5.4. abide by the 8th January 2020 Schedule 1 conditions? ATTACHMENT: GMC Response to Resident Action Group Questions Wakefield Park Raceway Prevention Notice

6.0 PROCEDURE TO BE FOLLOWED ON AFTER RECEIVING A NOISE COMPLAINT

6.1 Does GMC agree that GMC & WPR must have strong Council already has a documented Customer Request Management (CRM) Procedure. written complaint procedures in place & available to residents There is no need for GMC to create a specific document for WPR. so that the day to day noise complaint procedure event can be WPR’s procedure is a matter for WPR to address internally. followed? 6.2 I am very concerned that when I hear high noise at my Council are only obligated to respond to complaints made to Council. residence, particularly inside my house & bedroom that I will Any complaint made to Council will be dealt with in accordance with the above have to wait 6 months next year to hear the details of how my mentioned CRM Procedure, and responses will be provided accordingly. complaint was addressed. And probably my complaint will be generalised with other complaints. Why doesn’t the amended 8/1/2020 Direction contain details of the individual complaint procedures for GMC & WPR regarding WPR noise complaints? Both GMC & WPR need to know how each responds to individual complaints.

6.3 What is the written complaint procedure to be followed by This will need to be sought from WPR independently by the Resident Action Group. WPR? 6.4 Will GMC email me their written complaint procedure of This procedure can be requested through Council’s Governance Team on (02) 4823 what I should do if high noise occurs say tomorrow & how GMC 4444. will action my complaint? If you wish to make a complaint, it is recommended that you phone (02) 4823 4444 or email [email protected]. Following this protocol ensures that your complaint is registered and triaged appropriately.