Fears Canberra will become a 'silent city' if residential developments go ahead
Canberra is trying to shake its reputation as a quiet town, but developments — including a planned five-star hotel — mean current noise laws could silence the city, advocates say. This article was originally written by Jake Evans and published by ABC on 14 June 2019.
Canberra is trying to shake its reputation as a quiet town, but developments — including a planned five-star hotel — mean current noise laws could silence the city, advocates say.
Key points:
- Advocates fear a new hotel could spell disaster for Canberra's nightlife
- Strict noise levels are frequently flouted as nobody lives close enough to complain
- There are calls for entertainment precincts to be introduced, which could protect venues
With a night-time noise limit of just 50dB — the equivalent of a living room conversation — the bars, restaurants and clubs at Garema Place and Cooyong St would appear to break the law every weekend.
But no complaints are currently made about the entertainment strip because nobody lives there.
Developer Geocon was recently approved to build a 215-room hotel on Garema place, over the top of the old Garema Centre.
It resubmitted its application since buying the adjoining block, which fronts Cooyong St, expanding the footprint of the hotel.
If residents in the hotel complained about noise, businesses would have no defence against violating the 50dB limit, exposing them to fines, orders to close, and even prosecution.
David Caffery, who heads MusicACT and founded Canberra's Art Not Apart festival, said the issue went beyond a single development, and that the ACT Government had not acted on noise restrictions since agreeing to review them eight years ago.
Calls to prevent 'silent city'
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In 2015, the Government also commissioned MusicACT to develop a strategy and new regulations to support Canberra's night economy, which it still has not formally responded to.
ACT Greens leader Shane Rattenbury joined Mr Caffery in calling on the Planning Minister to act.
"These recommendations have been out there for far too long," Mr Rattenbury said.
"It is time we address these issues, because if we don't, we will see increasing levels of conflict in the city, and the potential for some of our emerging or existing venues to be closed down."
What difference could an entertainment precinct make?
- Retention of night-time venues
- Better resident education of what to expect
- Laws establishing priority for existing night-time venues
- Higher noise limits
- Building requirements for better insulation against noise
Designating entertainment precincts within the city could allow for higher noise limits, require developers to insulate buildings against noise, and enshrine the rights of already established venues.
Entertainment precincts have previously been proposed for town centres like Woden, Belconnen and Civic, Exhibition Park and industrial areas like Fyshwick and Mitchell.
"We are keen to see an entertainment precinct put in place in Civic, as well as other places across Canberra, to ensure that new residents and hotel occupants understand that there may be noise of music and partying sometimes," Mr Rattenbury said.
Counterintuitively, more people living in the city could in fact slowly shutter Canberra's night scene under current laws, Mr Rattenbury said.
"At the moment, there is no right for pubs or night clubs to make noise: instead, this is currently based on a complaints system. Designating entertainment precincts is a far better option," he said.
PHOTO: Gypsy Jazz Project playing in NewActon Courtyard, where noise complaints have been made about noise from jazz on Friday afternoons. (Supplied)
Mr Caffery said venues would be at risk of closure if the hotel was built next year as planned.
"What would happen to the many venues that are currently here — bars, places with speakers outside, just loud activity?" he said.
"The city is being peppered with residential [buildings], and it is leaving no space for cultural noise.
Venues already affected by noise complaints as city grows
Mr Rattenbury is also advocating for laws that would allow reasonable noise limits for existing establishments.
"We think it's very important that we have order of occupancy laws, so that if there's already a venue there and people move into the area, they can't then complain about the venue," he said.
On Wednesday, the Braddon restaurant Tipsy Bull lost its dispute against its neighbouring bar Hopscotch in the ACT Civil and Administrative Tribunal.
Though it opened after Hopscotch, the managers of Tipsy Bull had argued its excessive noise was affecting business.
Despite that result, Mr Caffery warned other businesses had been shut down after new developments moved in due to restrictive noise rules.
He said a hotel on Akuna street recently forced the closure of a music venue and impacted the number of performances at another outlet.
A jazz event in New Acton was also shuttered after complaints from residents on their balconies resulted in organisers being threatened with a $10,000 fine.
In 2015 the Mandalay Bus in Braddon feared it would have to close after noise complaints from a resident from three blocks away.
"We're not against development, we just want to protect live music spaces, and perhaps the best approach to that is to have zoning," Mr Caffery said.
"If you choose to live in an entertainment zone, just like if you live in a cultural precinct, you should be accepting that the noise levels will be a little bit higher."
Planning Minister Mick Gentleman declined to be interviewed, but in a statement, he wrote the Government was considering entertainment precincts and other measures to support the night economy, such as extending daytime noise limits later into the evening.
"The ACT Government is committed to encouraging a vibrant nightlife while balancing the preferences of local residents," he said.
Mr Gentleman also wrote he would soon ask that applications for mixed-used developments consider acoustics.
Geocon was contacted for comment.