COOMA-Monaro Shire Council may have inadvertently taken a step to ban the movement of heavy vehicles in the early hours of the morning after rejecting an application to park two 12-tonne trucks at a rural-residential property, citing noise pollution as a reason.
Although the development application (DA) had approval from council staff, councillors Tony Kaltoum, Vin Good, Winston Phillips and Peter Cochran voted against the staff recommendation saying it did not meet with zone objectives and noise could disturb neighbours as early as 4am on a daily basis.
The decision, which was made at council's monthly meeting on Monday, has set a precedent for future noise complaints against early morning heavy vehicles, such as delivery trucks and timber jinkers, to be acted upon, if council wanted to maintain fair and consistent deliberations, the applicants, Kevin and Anne Markham said.
"Trucks are part of life in our town, from bread deliveries to semi trailers, which operate at all hours of the day, and park in any street, so if someone complains about them, to be fair, the council should ban their use as well," Mr Markham said.
"How will this affect the other trucks in town? Are we going to have to have a truck station at Polo Flat? If so it should apply to everybody. But what will happen to the Woollies' truck making deliveries at 4am, do we put up a barrier and say you can't bring your truck into town until 7am?
"Right now we're parking our trucks by a retirement village and we've not heard any complaints, but wouldn't it be better to leave them in a rural-residential property instead of the middle of town, where it's likely to disturb more people," he said.
Even director of environmental services Peter Smith said on Monday evening that it was fair to grant access to park the trucks, as council's own garbage collection service started operations as early as 2am.
At the very least, council's decision to reject a staff recommendation could see the matter dealt with at the Land and Environment Court, with the Markhams currently seeking legal advice.
Councillors Katrin Hackney and Les Sutcliffe voted in favour of the applicant and Cr Sutcliffe also had his vote to support the DA put on the record.