Planning and environment – appeals – material
change of use – where council approved an application for a
development permit for a material change of use for the purpose of
Entertainment and Recreation (Outdoor) for a shooting range –
where a 'consistent use' in the rural zone – where
community opposition – where noise experts expressed joint
opinion on a level they regarded as acceptable for a reasonable
person – where town planning expert disagreed – whether
the adverse noise impacts would be unacceptable.
Facts: This was a submitter appeal against
Council's approval of a development application for an outdoor
The proposal involved a 50 metre rifle range, a 100 metre rifle
range and a shotgun pad for clay pigeon shooting.
Once the whole proposal was established, organised shooting
would occur up to 106 days in a year, with up to 70 shooters firing
together during a twenty minute session.
The original development application included a 50 metre pistol
range, however that range was deleted from the proposal during the
course of the hearing.
The land was located in the Rural Zone under the Caboolture
Shire Planning Scheme 2005. The subject land and the
surrounding properties were predominantly made up of larger rural
allotments. The development application was impact assessable.
The primary issue was whether the adverse impact from shooting
noise on adjoining and surrounding land uses was an unreasonably or
unacceptably adverse impact. The appellants also raised the issue
of safety as a consequence of the intensive use of firearms in an
It was accepted that there would be conflict with the planning
scheme if the noise from the proposed range caused
"unacceptable impact on the amenity" of the area.
Decision: The Court held:
The changes to the development application were minor.
If there were conditions of approval imposed which were
consistent with the opinions of the experts, the proposed range
would be appropriately safe.
The proper test was not whether amenity would be degraded but
whether it would be unreasonably degraded by a proposed
The shooting club had established on the balance of
probabilities that, with conditions to achieve attenuation,
shooting noise could be kept within acceptable limits.
The evidence was that the sound of shooting would be acceptable
to a reasonable ordinary person. Proper conditions would prevent an
unacceptable impact on the amenity of the neighbouring and
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