What kind of track would it have been anyway?

One of the strange features of the Drywound Appeal against the Lockyer Valley Regional Council's decision to refuse the application for a motocross facility at Adare was the number of proposed track designs that were brought up during the Appeal process - 10 in all, between mid-April and mid-December 2016.  Over one period of 170 days there was a new track layout every 19 days on average.

Colby Steer, the sole Director of Drywound, put quite a bit of emphasis on his expertise in motocross track design and construction at one point in the Appeal.

But why so many track designs?  That's a bit hard to understand.  Clearly there was a problem with getting the noise levels at nearby houses and the Lockyer National Park down to something vaguely acceptable.  But there was no consistent incremental improvement in the noise characteristics of the designs put forward, despite Colby Steer's self-proclaimed expertise as a track designer.

Was it "gaming" the Appeal process to confuse the other parties' experts, or to draw it out and make it more expensive for the Council and the Co-respondents? We will never know.  If it was this, it backfired because it was Colby Steer who ran out of money in the end (see here).

Did all this revision of track designs produce a better track for riders?  You be the judge.

This was the last track design - put to the Court in early December 2016

There are two significant features of this design.  One is the three dark green features with the black lines in their middles.  The other is the seven sections of the track outlined in red.

The dark green features are three earth bunds, 5m high and 12m wide at the base, with a 3m high noise barrier on top.  That makes a total barrier height of 8m, with three of these barriers having a total length of 575m.

These massive barriers were introduced about a year into the Appeal process when it became clear that getting noise levels down to anything like acceptable was going to be very difficult.

Can you imagine what it would be like to be a spectator watching the bikes on this track - or a parent of a young rider, trying to keep an anxious eye on the kid as he/she goes around the track.  From most positions, around half of the track would be obscured by the middle 8m high barrier.

Or as a rider you come belting around that tight left-hand corner at the end of the bund in the south-western part of the track - but you can't get a view around the end of the bund to see if anyone has come off on the track up ahead.  Adds a new element to extreme sport.

What about those red sections of track?

They are also about noise reduction.  As everyone knows, when bikes go fast they make more noise, and throttle use (opening it all the way out) also makes more noise.  Two characteristics of a good ride, but they're noisy.  Track in the red sections has been subjected to "acoustic treatments" by eliminating jumps and introducing obstacles designed to reduce speed and throttle use.  Nearly 20% (1/5) of the total track length has had this treatment.

Not exactly an exciting ride, and I doubt there's another adult track in South-east Queensland that has this extent of fun-spoiling "acoustic treatment".

One other important limitation that can't be seen in this track design is the restrictions that would have to be placed on changes to the track layout. This would clearly matter to riders - surveys done in Victoria indicate that regular modifications to track layout are one of the features that keeps riders coming back to a track.

However, because of the emphasis on getting noise at nearby dwellings and the National Park down to acceptable levels, and the recognition that track direction and the positions of jumps have an effect on noise levels, if the motocross facility had been permitted at Adare there would have had to be conditions requiring the track layout not to be modified.  Boring!!

Maybe if the operation hadn't been refused permission it would soon have gone broke once riders got bored with the track.  And that's without factoring in the impact of the recently opened Willowbank MX track in the Ispwich Motorsports Precinct.

Addressing misconceptions about the approval and appeal process

There is currently a lot of talk on the closed Facebook page group Memories of Gatton about the proposed motocross facility and the opposition to it.  Unfortunately a lot of what is being said is based on misunderstandings or misinformation.

I think it's time to address some of the claims being made.

Only six people are opposing the motocross facility

232 people formally opposed the proposal during the Development Application process.

The advertising of the proposal in late November 2014 led to 232 objecting submissions being lodged with the Lockyer Valley Regional Council by the cut-off date in mid-December.  This was an incredible response, given that because of the way it was advertised the proposal did not begin to be known by more than the immediate neighbours until there were only 10 days of the public notification process remaining.  Had the process gone on longer there would have been many more objecting submissions.

Those objecting submissions will be considered by the Judge of the Planning and Environment Court who will decide whether or not the appeal should be allowed.

Only two supporting submissions were made.

When the developer (technically Drywound Pty Ltd, but it's sole shareholder is Colby Steer) lodged an Appeal in the Planning and Environment Court against the Council's unanimous refusal of the development application, the Lockyer Valley Regional Council was the "Respondent" i.e. they formally opposed the appeal which sought to overturn their decision.

Six members of the community nominated to become "Co-respondents" to the appeal.  That is, they agreed to respond alongside the Council, to oppose the appeal.  In effect, they stand as the representatives of the much larger group of those in the community opposing the motocross facility.

This is a particularly brave stance for ordinary people like retirees, farmers, and small business owners, because in 2012 the LNP State government overturned a long-standing principle that people who stand up for their rights in town planning appeals should only have to pay their own costs.  The LNP changed the law so that there is the potential for co-respondents to be required to pay the costs of the appellant.  Had this not been the case there would likely have been several tens of co-respondents, as in the Bella Creek moto park appeal in the Gympie Regional Council area some years ago, prior to the LNP changes.  By the way, like many motocross proposals these days the Bella Creek proposal did not go ahead.

In addition, a local community group also elected to become a Co-respondent in the appeal.

None of this changes the fact that the main respondent to the appeal is the Council, acting on behalf of the Lockyer Valley community, because they made a decision to refuse the application based on what was in the best interests of the whole community, not just the wishes of a single-interest group.

"The six complainants have hardly spent a dime..."

The six co-respondents have to raise the money to pay their solicitor, barrister, noise expert, koala ecology expert, and town planning expert.  As you would expect, this is an expensive proposition.

Luckily, because there is so much opposition to the proposed motocross facility, the community has been willing to assist with the costs and a large number of people (including the co-respondents) have contributed several tens of thousands of dollars.

As the number of objecting submissions showed, the proposal is opposed by a community, not by six individuals.

The motocross proposal comes from a "locally owned and operated business"

The proposal comes from a company with only one shareholder.

That company is not registered to an address in the Lockyer Valley Regional Council area.

The sole shareholder does not live in the Lockyer Valley Region and does not own any operating business in the area.

Those opposing the motocross proposal are putting a financial burden on the community by way of Council's legal costs

Once someone lodges an appeal, the Council has no option but to oppose an appeal against their properly made decision.

That the Council took nearly six months to assess and evaluate the proposal shows that they did not make their decision in haste or carelessly.  Further, the Council's decision was unanimous.  It wasn't a "near thing" - every Councillor was opposed to the proposal.  Not only that, the Council's planning staff, who submitted their report to the Council meeting where the decision was made, recommended, for a wide variety of reasons, that the development not be approved.

Thus, the situation is this:

• a record number of objecting submissions were received by the Council; 
• the Council planning staff recommended for a range of reasons that the development not be approved; and 
• every Councillor voted to refuse the development application;

 and in the face of this, the developer (Colby Steer) still decided to lodge an appeal!

It's clearly not those opposing the proposal who have been the cause of the Council's expenses in fighting this appeal.

People don't understand why there is opposition to the motocross proposal

Colby Steer has posted the Council's grounds for continuing to oppose the appeal on the Memories of Gatton website.  Admittedly those grounds are framed in difficult to understand town planning terms, but that is because the application was made under the Gatton Planning Scheme which uses the same language.

To get a more digestible version of the reasons you could go to the minutes of the Council meeting where the application was refused and read the staff report which recommended against approval.

You could also have gone into the Council office any time in the nearly six months when the application was under consideration and had a look at the submissions from the 232 people who don't want this development to go ahead.

Or to get a feel for the reality of motocross impacts you could have a look at some of the heartfelt comments of people who have had to live with motocross operations in their area.  There's more here  and here.

A lot of these impacts on people living with motocross activities have to do with noise.  It often isn't until people have to live with motocross noise that they realise that the problem isn't just the loudness.  Check this out for an overview of the health impacts of motocross noise.

What it's like to live with motocross

I've been compiling a file for the last few months of people's experiences living with motocross in many different places, not just in South East Queensland but all over Australia.  Here are some selected quotes gathered from personal interviews, messages people have sent to me, and other sources.

I hope you will read all of them and think about the lives of the many people behind these statements - and then think about the impact on the community at Adare and Vinegar Hill in the Lockyer Valley.

“The loss of peace and quiet and our rights to quiet enjoyment of our property.”

“The barrage of threats from the owners and users of the establishment, toward us living here in the valley ...”

“If you are anywhere outside the house and visible from the road you are likely to get abuse hurled at you by passing motocross traffic.”

“We had people in passing cars throwing empty stubbies at cattle in the paddock.  There were stubbies, plastic bottles, bongs and other rubbish in the crops near the road so that after it was ploughed it was impossible to walk barefoot to adjust the irrigation.  In one paddock beside the road I picked up about 12 bongs, made from plastic soft-drink bottles and bits of hose, in one day.”

“The health and wellbeing of the community where the stress and strain ... put strains on marriages and people’s health.”

“The valuations of our properties dropping with nobody wanting to buy as soon as they heard the noise from the place or heard there was a Mx Park down the road.”

“After five hours of the noise you’d gladly take a chainsaw over there and have a go at them.”

“You’re saying, ‘God, are the motorbikes going to start up?’ So even though they’re not there, you’re on edge because you don’t know... you think, ‘next ten minutes will tell’ ....  And like I say, it’s not [just] when the noise is going, you’re on edge all the time.”

“Friends and family do not want to come and visit anymore as we never know if we are going to be subjected to offensive noise  .... No social life anymore.”  

“We live 7.5km from Echo Valley, luckily it only operates 2-3 times per month as the noise is sometimes incredibly offensive”.

I've lived near there [at Vinegar Hill] previously for the peaceful natural landscape and wildlife. I would like to think this is still valued and protected.  I've experienced the fairly typical behaviours and attitudes of dirt bike enthusiasts and have come away discouraged and dismayed about the self centered uncaring nature of this "sport".

“We have first-hand experience of the excessive noise created from 200+ motocross bikes after camping at the Western Trailhead at Wyaralong Dam in July this year for a horse trail ride. The Western Trailhead campsite is less than two kilometres from the Queensland Moto Park and the noise created from the motocross park disturbed the amenity and in many ways ruined the experience of camping in an otherwise quiet and peaceful location.”

“Living near a motocross track destroys your life in every way - emotionally, financially, and your quality of life.  It causes enormous stress.  This is your home, you have nowhere else to go.”  

“When I travel to the family farm there is constant traffic on the road which at times when groups [going to or from Qld Moto Park] are travelling on convoy and don't know the road has been very dangerous at times. Also there are the usual testosterone filled P-platers that can't handle the narrow windy road and there have been several near misses.”

“We’ve had people in the farm sheds, even driving in at 3am, looking around.  There have been fences pushed over and bikes riding around our property.”

“The traffic on the road is horrific - thrill seekers and adrenaline junkies - they drive the way they ride.  Four times I came very close to an accident because of them.  The creek crossing was a major risk area.”

“Kids without licences and on unregistered bikes would ride for miles on back roads and across country, cutting through fences if necessary, to avoid the coppers on the road to the park.”

“I've experienced first hand the impact that persistent motocross noise and activities can have on a community. ... The noise was insistent and unsettling for all neighbours, particularly as many had young families or had moved to the area for its' lifestyle value - quiet and peaceful. The end result was a lengthy (years) legal battle between Council, the Motocross enthusiasts and the surrounding landholders. Three families sold their properties and left the homes where they had intended to settle, including my own, because of the noise and disrespect of the motocross users and lack of action from Council. It is not a small issue that makes a family give up the home they have built and the place their children have grown up in. I would strongly advise Council to reconsider the application for the Motocross track at Adare and to listen to the concern of the local residents.”.

“Stressful, depressing, suffering physical & mental abuse, tension is causing me personal relationship conflicts, lack of relaxation is health threatening, (hypertension) violation of my chosen lifestyle & of raping me of my rights to enjoy my home in my chosen location. I have lost my composure on numerous occasions screaming out obscenities above the OFFENSIVE disturbing MX moto bike NOISE pleading for the NOISE to STOP. I DO NOT LIKE THE WAY THIS NOISE TORTURE EFFECTS ME> live on acreage & do not want to have to lock myself away from this offensive noise with radio turned up full blast to disguise this invasive torturous din that envelopes me on my own property.”

The proposed Adare motocross facility exceeds even its own maximum noise limits

The Noise Impact Assessment presented in the Development Application for the Adare motocross facility has some interesting bits in it.  Here are a few.

Background Noise

Background (ambient) noise measurements were done over a one week period in August 2014.

The table below presents three different measures of background noise, extracted from the same data set.  These represent the three main ways of measuring background noise.

The L90 measurements are similar to the values recorded for background noise at properties near the Emu Creek motocross track (before it ceased operating).  They are more or less what would be expected in a quiet rural/natural environment such as we have here in Adare/Vinegar Hill.

In such a rural/natural environment with high amenity values (and high resident expectations) for "peace and quiet" then the maximum acceptable imposed noise level should be no more than background+5dB.  This standard has been used at other locations in Queensland and in NSW.

So, taking Leq readings, the maximum acceptable noise levels for daytime operation (7am to 6pm) would be 37+5dB = 42dB.  And for evenings (6pm to 10pm) it would be 30+5dB = 35dB.  Note that background noise levels were measured in the open air, so indoor background levels would be lower and imposed noise maxima would also be lower than these figures.

Predicted Noise Levels at Houses

The table below is a key to the locations of "Receivers" (i.e. houses) for which noise levels were predicted by the acoustic model used by the consultant.  The two tables after it refer to Receivers No. 1-18, and the street addresses of these are given in the right-hand column of the table below.

Receiver Locations for Noise Predictions in Following Tables (none of the directions given are accurate - the consultant fails to understand that "due" means "exactly" in this context)

These are the predicted noise levels for daytime operation (9am to 4pm).  Note that the Applicant has chosen to adopt the criteria of 50dB for daytime operation and 35dB for evening operation. No justification is provided for this in the Application, and there has been no attempt to relate these values to measured background levels or to take into account annoyance effects of motocross noise.

Nevertheless, if we just take the Applicant's maximum noise values, the 50dB value is exceeded at two locations outdoors (whereas background+5=42 is exceeded at eight locations).  For indoors, the Applicant's criterion of 35dB is exceeded at eight locations.

The Applicant has used the same maximum noise levels for evening operation as he used for daytime (50dB outdoors and 35dB indoors).  This is completely unacceptable, considering that the evening background values he measured are 7dB(Leq) lower than daytime backgrounds.  The proposed outdoor 50dB maximum is equalled or exceeded at 11 locations, and the indoor 35dB maximum is exceeded at 14 of the 18 locations.

In summary, the Applicant is not able to meet even his own unjustifiably high maximum noise limits - and I have bee advised that these are 15-20dB(A) higher than those used by another Council.

The Bella Creek Motorsports Facility is not going to happen!!

This news came in around the middle of March but I forgot to report it. The proposed development, in the Gympie Regional Council area, would have included five motocross tracks, as well as four-wheel-drive tracks, camping, etc.

The Bella Residents Action Group made the announcement on their Facebook page.

Well...for all of you who have been waiting with bated breath and are not on a mailing list - we are now well past the period within which an appeal against the refusal of Mr Canty's DA had to have been lodged. 

A conversation with Council has confirmed that there has been NO such lodgement. The 2nd application for the Bella Creek motorsports facility is now as dead as the first. After 4 1/2 years we can finally take a deep breath and exhale. 

Thank you to all who have been following and offering support in our battle to prevent this misplaced idea from becoming a reality, you have been wonderful. After such a long time it seems hard to believe that this may finally be behind us; in light of the proponents past ability to offer up unpleasant surprises, we remain somewhat wary. We are nonetheless looking forward to drinking that champagne we've been storing. Raise a toast wherever you are and give yourselves a pat on the back, you deserve it!

The Gympie Regional Council's Planning and Development Section report on the application can be found here.  It has a number of interesting things to say, many of which are relevant to the proposal for a motocross operation at Adare in the Lockyer Valley.

Noise and Amenity

... there remains considerable doubt that the proposed development can operate without causing significant adverse noise impacts given the scale of the proposed development.
 
The development is proposed in a quiet rural area that is removed from the urban area. The application has not adequately demonstrated that noise from the development will not cause a nuisance to the immediate area. Further, it is likely that the traffic that could be generated is estimated to significantly increase when compared to the current low volumes of traffic in the locality, which will also cause adverse impacts upon the amenity and character of the area.

The locality is characterised by rural, rural residential and education uses and has a high level of amenity. Consequently, the development is likely to cause significant adverse changes to the acoustic environment of adjoining and surrounding premises and significantly impact upon the existing amenity of the locality.
 
The application was subject to a large number of objections [205] who have raised valid concerns about the proposal’s impact on the amenity of the area. ...

Concerns relate to character of the area being threatened, intrusion in lifestyle for a rural community, loss of privacy, unlawful entry onto neighbouring properties and inconsistencies with rural and rural residential land use in the area. ...

The concerns raised in the submissions are outlined in the report the majority of which raise valid planning issues. The number of and quality of the submissions, demonstrate that the development is contrary to community expectations and is not in the public interest.

Impact on Koala Population

In relation to the koala population on the Applicant's land that would be subjected to adverse impacts from the proposed activity, the Council Planning report says:

Implementation of these [proposed] measures could be conditioned on any approval. However, the protection of the environmental values on the site cannot be guaranteed in regards to maximising protection of Koala Habitat Areas and having no adverse environmental impacts.

Community Benefit and the Need for the Development

Referring to the questions of community benefit and need for the development the report says:

It is accepted that the proposed development will have some community benefit. However, the applicant has not provided any justification that there is a need for the facility, in particular at this location.

 and

The applicant has not provided supporting information from an economic expert about the level of economic need for this type of facility. However, it is accepted that there is some community benefit in providing for this type of facility. However, the planning need for the facility at this location has not been demonstrated.
 

Number of Submissions

One of the grounds on which the Gypmie Councillors refused the application was that:
 
Having regard to the number of objections and concerns expressed in the submissions received, the proposed development is contrary to community expectations and is not in the public interest.

As mentioned above, the Bella Creek proposal gave rise to 205 objecting submissions of which 57% were from the Gympie Regional Council area.  The Adare proposal has given rise to 232 objecting submissions 95% of which came from the Lockyer Valley Region.

In addition to the 205 objecting submissions, the Gympie Regional Council received 582 submissions in support of the Bella Creek proposal (85% of them from outside the Council area).  The Adare motocross proposal elicited only two (2) supporting submissions.

Gympie Regional Council's Conclusion

Having regard to the planning scheme as a whole and the level of conflict identified, there are not sufficient grounds to allow the development despite the conflict. Consequently, the development application should be refused.

A very interesting analysis of case for nuisance against a motorsports operation

This "Case Note"¨  [Ned Westaway (2014) Coventry v Lawrence: Nuisance Redefined. Environmental Law Review: July 2014, Vol. 16, No. 3, pp. 211-218.] has some very interesting things to say about "amenity nuisance" in relation to motorsport noise.

There is also some very interesting stuff on pages 214 and 215 about the character of the locality and the relevance of planning permission in relation to seeking damages for nuisance.  For example:


"The court signalled a move away from the ‘character of the locality’ as a yardstick in considering the reasonableness of a defendant’s activities in nuisance claims; instead it settled on a more nuanced gauge – ‘the established pattern of uses’ in the locality.(17) Lord Carnwath referred to the ‘varied pattern of uses all of which need to coexist in a modern society’.(18)  This must be welcomed: it provides a more fact-sensitive framework against which nuisance may be assessed."

and

"If demonstrating compliance with conditions may indicate that a party is not responsible for a nuisance, so 'evidence of failure to comply with such conditions, while not determinative, may reinforce the case for finding for nuisance under the reasonableness test.(28)'

It makes an interesting read.

Allowable noise levels should be related to the frequency of the noise event

It is not uncommon for regulatory authorities to consider the frequency of noise events in determining the allowable noise levels.  From memory, this was the approach taken by the Victorian Civil and Administrative Tribunal (VCAT) in determining how often the McAdam Park motocross facility at Barrabool would be allowed to operate during the "wind-up" phase prior to their legally mandated closure.


The extract below is from a New Zealand study.

"To prepare this noise management plan an event schedule was developed in an attempt to achieve a balance between how loud each motor racing event was and how often they occur. In the example given, Council decided that 50 events with a noise level of “background plus 5dB” would be permitted in any 12 month period. Where events were likely to be noisier than this, the number of events would reduce in accordance with Graph 1 below which is taken from the Guide. An event that exceeds the background noise level by 8dBA would count as two events. An excess of 30dBA is deemed to have a noise exposure equivalent to 10 events."

dB above background vs annual events

Citation: Marshall Day Acoustics (2007).  Ruapuna Park and Christchurch Kart Club Noise Assessment. Christchurch, New Zealand.  http://resources.ccc.govt.nz/files/TheCouncil/policiesreportsstrategies/districtplanning/cityplan/proposedplanchanges/PC52AcousticsReportOctober2007.pdf

p.16

A good overview of noise issues, measurement and regulation

Here's a really good technical (but very readable) article on noise: it's impacts on health; the measurement of different aspects of noise; enforcement of compliance with noise controls; and a whole lot more.

A whole lot of it is relevant to motocross noise, even though the article is focussed on traffic noise, and there are many things that will give you ideas to follow up in relation to motocross noise issues.

Just as a small taste of a much longer document:

"Unwanted noise has wide-ranging effects on human health to a far greater extent than merely to cause damage to hearing. Noise results in cardiovascular issues, sleep disturbance, headaches, nausea, impaired task functioning, depression and is implicated in many other health problems as well as inducing anti-social behaviours. (references 3,4,12,13,17,23) These unwanted health problems occur with noise levels which are a lot less loud than that which would cause hearing damage. Effects are also cumulative. The costs to health-care systems is enormous and researchers are finding more and more stress related problems that can be attributed to noise.

Governments, city planners and local councils are, in general, aware of the noise problem, and try to provide urban planning guidelines and rules to mitigate noise, but prefer to take 'baby-steps' and are over-cautious in order to avoid the creation of higher compliance costs. In most cases, authorities do not apply sufficient urgency or big enough solutions to the problem. There are already a large number of studies and comprehensive research documents published on the subject. No more are needed. Instead, some definitive progress is called for, which will certainly have a cost. However, studies have already shown that the costs of healthcare triggered by unwanted noise is more than a hundred times than what is currently spent on reducing or mitigating noise from vehicular traffic."

The article is from the website of a New Zealand company (Axino-tech Consulting and Services Ltd) and appears to be offered as a contribution to wider understanding of noise issues.  There should be more companies sharing their expertise in such an altruistic way.

Nice try. More work needed - and in another location, without all the people living nearby

The proposed motocross development at Adare could possibly, with a lot more work on the concept and the details, be a good idea.  But not at Adare.

It's just  in the wrong location, even if judged only on the number of people impacted.

The Qld Moto Park at Wyaralong, on the other hand, is an example of a properly located motocross facility - there are only about 120 people living within 4km.  At the Adare site, here are 900 people living within 4km of the proposed motocross property, including a lot of young people who don't need their nights and weekends blighted by motocross and traffic noise.




[1] Compiled using the 2011 Australian Bureau of Statistics (ABS) Census Data for the localities closest in proximity to the proposed development.  Where census data is not available at the necessary scale for a locality, extrapolations have been made from an adjacent locality close to the proposed development.
[2] Note: 0-19 years includes those aged 0-14 years.
[3] Sources: http://www.abs.gov.au/websitedbs/censushome.nsf/home/quickstats and Google Earth imagery and overlays to locate houses and properties within specified radii of the properties.
________________________________________________________

The $4 million QMP (Queensland Moto Park) facility between Beaudesert and Boonah was developed through the efforts of the SEQ Council of Mayors, the SEQ Councils, and the State Government.

The LVRC Mayor, Steve Jones,  as the Chair of the SEQ Council of Mayors Trail Bike Task Force, played a significant part over a number of years in the development of the project.  The QMP Wyaralong facility is a well-planned site following strict design and operating criteria.
 
Clearly, even judging only by the number of dwellings and residents adjacent to the site, the location of the proposed Adare development has not been well planned.

MX tracks and their poor relationships with neighbours and local government

The quote below is from the introduction to a review of the relationships between motocross tracks and their neighbours and local government agencies which includes reviews of the histories of eight existing or proposed motocross tracks in America.

At the Oct 21 Conditional Use Hearing regarding the Thomas Conditional Use proposal for motocross/camping in rural Clackamas County, testimony was given in support of the proposal based on claims that motocross was “family friendly”. A man stated that Washougal MX had expensive homes in the vicinity of the MX tracks and that local residents and the commercial MX business had happy relationships.

Extensive research into the functioning and relationships multiple MX facilities, whether permitted or unpermitted, have with their neighbors and with their County planning departments proves conclusively that it is totally false to claim motocross events can happily co-exist with residential areas.

Every case I researched, including Washougal MX, proved that  residents within earshot of MX tracks are miserable and that they consider motocross a serious nuisance which steals their quality of life and degrades and pollutes land. Counties have extra work loads to enforce MX code infractions and have ongoing struggles related to traffic, crowd control, noise, and regulating environmental damage. Local police and emergency services are impacted as well.

Family-oriented
 Any claims that the proposed Adare motocross track will be family oriented don't take into account the impacts on families among the 900+ people living in the vicinity of the track.

Emergency Services
It's worth noting the mention of impacts on police and emergency services as well.  That has also been the experience with the Black Duck Valley and the Wyaralong tracks in Southeast Queensland.

Noise as an Amenity Impact
There's a nice quote from a county examiner (sort of like our LVRC Assessment Manager) in relation to noise [LVRC please note]:

pg. 24 item h. iii: “Even when the noise does not drown out conversation or disturb people sleeping or exceed 57 dbA, it increases the noise levels frequently enough and in amounts and for a duration that is enough to detract from the character of the area as rural residential. The examiner finds that such an impact is significantly detrimental to people nearest the site.”

Noise issues are NOT just about loudness as measured in decibels!  They are about loss of rural/natural amenity, and about stress and anxiety caused by ongoing, long-term exposure to noise which is not part of the local environment.

Loudness Requirements Can Stop Motocross
But, in terms of loudness of MX noise, the article quotes a complaint that: … imposed sound limitations that are so restrictive they effectively deny the permit application.”

As if the fact that MX operations can't comply with mandated noise limits is somehow the fault of the legislators, or is a direct attack on MX as a business, instead of being a standard of what is reasonable noise in a particular environment.

Emu Creek track in the Tenterfield Council area is one example.  After a lot of time, court cases and expense the Tenterfield Council imposed noise and operating time limits on the motocross activities at Emu Creek, which they claim they could not meet from a business point of view.  They are still in business and seem to have moved to mountain bike and Bicycle MX activities to replace the motocross element of their custom.

It's also worth noting that in the case of the Emu Creek motocross, Tenterfield Council monitored maximum noise levels [L(A)max], rather than averaged noise levels over a (usually long) period [L(A)eq], because they said it was more objective when long-term, long period noise was considered.  The Adare proponent's Noise Study uses averaged noise levels, which always appear more favourable to the proponent's case.

Costs to Council for Ongoing Compliance Action
The case studies refer to costs to all parties for the application (including appeals) procedures and for ongoing compliance.  In our own area, the Emu Creek case mentioned above is said to have cost the Tenterfield Council in excess of $66,000 for compliance monitoring and court costs before it stopped the noise nuisance.

Aspects of motocross tracks

Just a couple of things that came across my computer screen while researching fire risks posed by motocross tracks - if you're wondering, the general consensus seems to be "high".

That's the sign the Motorcycling Australia requires to be posted at motocross venues as part of its "Guidelines for Inspection and Licensing of Tracks".  I didn't see any mention of that in the Gatton Star article promoting the track to kids and families.

And then, on Molalla Blog I found a long and sad story about what it is like live near a motocross track.  If you want an idea of how many people are out there combing the internet for material on motocross tracks, Molalla has had 62,478 "hits".  This little blog has had 1,110 hits in six weeks.  I hope not to be writing about motocross in the Lockyer 61,000 hits from now.

The following are just a few excerpts from the blog.

"In essence, the lack of code enforcement, the total disregard Thomas has shown for the land and the lives of the people who surround the site, Thomas’s failure to get permits before creating a facility and the fact that this “park” has already been commercially promoted now has created a state of high anxiety between local residents and the motocross users. Thomas has no connection to the local community since he lives in Happy Valley instead of at the subject property.

The tension and fear caused by the motocross users has completely changed the way local residents must live their lives. The culture of commercial motocross is not conducive to the safety, piece of mind, commercial farm/forest activities and the general well being of local long time residents."
 ...
"All of the neighbors I have met are distressed about the years they have had to endure the noise, dust, trash, worries about fire and general disruption to their legal farm/forest activities due to the motocross track in their midst. Rural people like to spend lots of time outdoors, especially in the dry months, now families hesitate to invite visitors over for summer events for fear of being subjected to noise and dust. Families can’t trust the safety of children playing in the woods and fields adjoining tracks; if the motocross “fans’ are willing to verbally abuse and menace neighbors, what might they do to children or adults who confront them if trespassing should occur? Given the camping with up to 250 site users/4 days week proposed by Thomas, and the location near private adjoining woods and fields that aren’t readily visible from owners’ residences, there is little doubt that “camping” use would eventually spill over fence lines as park “users” seek new grounds to explore."
 ...
 "I contacted numerous other Counties about existing motocross facilities and it is obvious that even permitted facilities have on going problems with complaints from neighbors. The growing piles of complaints against Mr. Thomas, including the finding of “guilty” on a noise violation in May, prove that the community would have little faith in Mr. Thomas’s interest in complying with “conditions, and that the community would further endanger itself by having to serve as the conditional use code “police’ in a place far from the offices of code enforcement, agency reps, and the Sheriff.

The August 5, 2010 “Findings and Final Order” for the Thomas Noise Control Citation No. 10-2531 noted “five pages of CCOM detail reports showing numerous complaints of noise” on the Thomas property – yet Thomas, who failed to appear, sent a message that he was “not aware of the noise ordinance”."
 ...
"... it is clear that MX has been poisoning its own well around the world for years."

Today's koala sighting

Before I talk about today's koala - quite a lot of people have asked me what a koala call sounds like.  Here's where you can find a typical koala call.  There's nothing that sounds like it, unless you happen to know a pig that rides a motorbike.

Just this morning (31 January 2015) the koala below was seen at Adare, less than 900m from the motocross track.  It was snoozing high in a Moreton Bay Ash, and was woken by the voices of the photographer and her friends, even though they were about 70 metres away.

Imagine the blast of sound it would have got from 40 motocross bikes charging around the track.  According to the Noise Impact Assessment contained in the application for the motocross facility, if this koala had been feeding at night on the ground at the base of the tree, it would have been subjected to 65dB of noise (louder than a suburban expressway at 90 metres).  Of course if it was feeding high in the tree where we found it, the noise would have been much greater because it would be in direct line of sight to the track, with nothing to attenuate the sound.

Today is the day of the State election in Queensland, when we are able to have a say in the kind of future we want. What say does this koala have about its future?  None.  Its future, and that of may other koalas in this part of the Lockyer, depends on whether you join us in speaking up on its behalf.

What about the koalas actually on the bush on the property where the motocross is proposed to operate? They will be exposed to much higher levels of noise.  How do we know they are there?  Well, the habitat is the same.  Have a look at the map below.

Today's koala was seen on private land, in the edge of Essential Habitat, beside a large area of Bushland Koala Habitat, (both mapped by the Queensland Government) and, as you can see from the above map, these habitats extend into and occupy most of the motocross property.

In fact, pretty much all of our koala sightings from across the Vinegar Hill / Adare area are in these two habitat zones.  Given that our sightings are only "incidental" sightings by people who were doing other things and not focussed on finding koalas, the density of koalas in these habitats can be expected to be many times greater than our observations suggest.

Koala populations in and around Brisbane are subjected to a range of pressures and threats from highly urbanised environments that make it unlikely that they will survive long term.  We have a koala population here that has a National Park as a "refuge" and, outside the National Park, shares bushland areas with relatively low densities of human population and very few busy roads.

If the motocross operation goes ahead, this koala population, on and outside the motocross property, is going to be subjected to stressfully high levels of noise which are likely to reduce their "fitness" for survival.  The nearest part of the Essential Habitat to the motocross track will be exposed to levels of noise between being exposed to an "in sink" garbage disposal one metre away and being in a very noisy restaurant.

Koalas have evolved on a specific diet of Eucalyptus leaves which have an extremely low energy content and are difficult to process and digest.  As a result, they have adapted their physiology and behaviour to minimise energy expenditure, e.g. sleeping up to 20 hours per day.

Since energy is required for basic living and koalas have limited resources of it, any unnecessary use of energy is likely to be of importance to their welfare.  The stress response is a very costly biological response in terms of energy metabolism.  It is possible that the triggering of stress responses may have a greater impact on koalas than other native species due to their reliance on a low energy diet.

In addition, there is circumstantial evidence that the level of chlamydiosis infections in koalas might increase as a result of noise stress impacts on their immune systems.

Please, let the Lockyer Valley Councillor and the general public know that this is an unacceptable impact on a koala population that does not have any way to speak for itself.

Not only is the presence of a large number of koalas an ongoing source of interest and pleasure to local people, it is a quality of the Lockyer Valley environment that we should be proud of and make widely known - not something to be destroyed for the sake of a motocross track.

Most recent Koala sighting

Time we started sharing our koala sightings with the community.  Residents in the Vinegar Hill / Adare area regularly see koalas on their properties and along the roadside.  Until now they have generally not recorded these incidental sightings, and in fact since most of us don't tend to look into the treetops when working outside, most koala presence would have gone unnoticed.

This is the most recent sighting I am aware of, seen mid-afternoon yesterday (29 January 2015) - 1.5km from the site of the motocross track.

It's a big male who brought attention to himself by calling from his perch high in an Ironbark.  Male koalas call any time, but mostly during the breeding season which lasts from September to January.  The call can be heard (by humans) for up to a kilometre.  I haven't found any information on how far away a female koala can hear a call.  The male's call advertises his presence (and location) to females in the area, and also contains information about his size.  If the female likes what she hears she will go looking for him.

Like all wildlife which uses calls as part of its relationship with others of its species, the koalas in Adare / Vinegar Hill will find their life cycles disrupted by motocross sounds.  This will be particularly the case if the track operates as planned from 4.00pm to 9.00pm Tuesday to Friday and "occasionally" to 9.00pm on Saturdays and Sundays.
 
Koalas are mainly nocturnal and tend to be most active around dawn and dusk. They spend around 18 to 20 hours of each day resting in order to conserve energy, due to the low-energy content of their main diet of Eucalyptus leaves. 

He won't be getting much of his daytime sleep on weekends if the motocross track is approved, and this will seriously affect his "energy budget", leading to health impacts.  These impacts will add to the stress impacts resulting from exposure to high noise levels six days per week.  It has been suggested that the stress experienced by koalas exposed to noise and disturbance leads to lowered immune system function, which in turn will exacerbate the impacts of chlamydia.  Many or most koalas in Southeast Queensland are already infected with chlamydia.

The nature and peace of the Vinegar Hill / Adare area are known around the world

It's easy to overlook the fact that a lot of tourists, particularly backpackers, spend quite a bit of time in the Lockyer Valley.  Not all of them are totally focussed on earning money from farm work.  Many combine income-earning activities with enjoyment of the wonders of our natural environment.

Here's a comment from the petition asking LVRC Councillors not to support the motocross proposal at Adare:

Alex Fletcher JöNKöPING, SWEDEN

Having previously spent some time just a stone's throw away from the proposed planning site, it's impossible to imagine a cacophony of engines disturbing the formerly uninterrupted peace and tranquillity of the Lockyer valley. The local lifestyle is a rural one, designed to be spent as one with the natural surroundings with absolutely minimal disturbance. The influx of motorcycles and the noise they will bring is an obvious issue, but equally pressing are the crowds this facility will entice.

The road infrastructure within the Lockyer is certainly not designed to withstand the expected level of traffic without significant work, to the detriment of the natural environment. 

The proposals are a poignant reminder that the world is getting smaller, and that the value of land is diminishing in the wake of personal interest and gains. As a student of natural and environmental science this petition is close to my heart, and I fully support the local area, and the eradication of any proposals for a motocross complex within it.

Do we really want our area to have a reputation based mainly on motor sports like motocross, speedway, street sprints, etc.?

Why would anyone put this motocross track in a closely settled rural area?

Comment from a couple living in Adare - only 2.6km from the site of the proposed motocross track:

I can’t believe a council would put a motocross track in a rural residential area.  Rate payers have built their homes and settled into the local area never thinking Council would do this. Was Black Duck not enough!!!!!!! It seems to me they just want to move the problems and I guess that’s fine but without considering the local wildlife (we have many resident marsupials on our quiet 12 acres) and the residents who had faith in our local council that they would not approve things like this in these sorts of areas?

Is there nowhere else Motocross riders can enjoy their hobby?  How long have the applicants been paying rates?

It amounts to deception when you allow the sale of land to residents for the rates and then approve something like this.  Where will they rehouse the Koalas?

Is this a negative you want at next election?

Council has seen through these things in the past and supported the residents – I think this is another time for you to stand up and be counted.

Koala records - Vinegar Hill and Adare

One of the things people realised when they started looking through the application for the motocross track at the end of Adare Road was how the "official" information on Koalas differed from their experience of Koalas on their land.

We've just received and plotted the first batches of historical records of Koalas from landowners in the area.

This is only the start, and in fact there are more records there than you can immediately see because at this scale some pins are hidden behind others.

These records are going to be entered in the official WildNET database, and will also be stored in a Google Earth database that lets us see how koala distribution coincides with landscape features such as watercourses or vegetation types.  This will allow us to make a more informed assessment of the likely Koala population on the motocross property than the applicant seems to have done.

It's not just the historical records we are looking for.  The Koala survey will be ongoing, so that as a community we can build up a good understanding of our Koala population.

Do you have any notes or photos of Koalas on your land?  We need dates and locations - if you have a photo of a koala, no matter how fuzzy or far away, the date will be in the metadata for the photo (we can help you to extract it if necessary).

If you are within about four kilometres of the motocross property we are interested in receiving your Koala records.  If you haven't already been contacted by one of the Koala team, you can get in touch with Hanneke at no.adare.mx@skymesh.com.au or leave a comment with your contact details on this blog post (all comments are moderated before showing up on the blog, so I'll make sure your contact details don't get posted publicly).

Living near a motocross track

I doubt that many people know what it is really like to live near a motocross track.  From time to time I'll post verbatim descriptions from people who have, unfortunately, experienced this for themselves.

This is Nina's description of her family's experience - over a number of years:

I've experienced first hand the impact that persistent motocross noise and activities can have on a community. We had a family of motocross enthusiasts purchase the 40acre block next to ours and set up a motocross track, without Council permission. Every weekend saw up to 15 bikes continually buzzing around the track. The noise was insistent and unsettling for all neighbours, particularly as many had young families or had moved to the area for its' lifestyle value - quiet and peaceful. 

The end result was a lengthy (years) legal battle between Council, the Motocross enthusiasts and the surrounding landholders. Three families sold their properties and left the homes where they had intended to settle, including my own, because of the noise and disrespect of the motocross users and lack of action from Council. It is not a small issue that makes a family give up the home they have built and the place their children have grown up in. 

I would strongly advise Council to reconsider the application for the Motocross track at Adare and to listen to the concern of the local residents.

Bad noise isn't just loudness

I think most of us are aware that loud noises can harm our hearing and make it hard to concentrate on our work, even maybe that they can make us cranky.

Did you ever stop to think that there are noises that really upset you that aren't all that loud?

Think about "doof doof" music playing at a party three streets away.  (Apologies if you like that form of music).  It isn't actually the loudness that is disturbing.  It's that it goes on and on and on.  It's that we have no control over it.  We can't sleep while it is there.  Feels like someone is doing this to us and doesn't care a damn how it affects us.  You can't get away from it - it sort of seeps through the walls, under the doors, vibrates through the windows.  It happens every weekend.  It's not a sound that "belongs" in our environment - different to other sounds we are used to. We're convinced that the people who are playing this music aren't likely to be people we'd want as friends.  And it's really low frequency - which is why it is so hard to block out and why it travels so well; high and mid-frequencies get attenuated by distance, structures, etc. - low frequencies are much less attenuated.

But it's not just the low fequencies that get to us - it's all those other factors I put into the story above that stimulate and stress our systems and put it into the category of "offensive noise".

What's really dangerous about this kind of sound is that it is responsible for 75-90% of our reactions to noise (the other 10-25% is reaction to loudness).  And our reactions are things like annoyance, anger, disappointment, dissatisfaction, withdrawal, powerlessness, depression, anxiety, distraction, agitation and exhaustion.  You've probably recognised already that these are feelings and attitudes that we generally try to avoid, either because of the impacts that they have on our physical and psychologicial systems or because of how they affect our relationships with other people.

In total, what these effects of this kind of noise amounts to is impaired quality of life.  You can see an overview report I've prepared on research on these non-noise impacts here.

Guess what. The noise assessment in the application for the motocross track at Adare doesn't mention these things.  Not any of them.  Neither does it mention the impact of sound on our sleep patterns or on our children (including on their long-term study and academic futures).  Are you a shift-worker?  It doen't mention what motocross sounds will do to your sleep between 4pm and 9pm four to six nights per week, or to your ability to drive safely to and from your shift work.

But, even if you aren't under 14 years old or a shift-worker, how do you feel about knowing that the long-term disruption to sleep patterns from a motocross track could lead to obesity, cardiovascular disease, diabetes, or depression? There's a range of research data to back up all of these possibilities.

To come back to my original point - the problems with noise are not just about loudness.  What do the environmental protection laws set as standards for noise?  Yep, loudness.

So, if you are somewhere within say four kilometres of the Adare property where it is proposed to put the motocross track (tracks!! it's planned there will eventually be five of them) then don't assume because someone tells you that the noise won't be "loud" where you live that you won't be able to hear it, or that it won't have significant impacts on your quality of life.  Don't forget that even if it isn't loud, it will be six days per week, four to six nights per week until 9.00pm, and up to 52 weeks per year.

If you want a more detailed account of the potential health impacts of motocross noise you can download it here.  Please use it to let the Lockyer Valley Region Councillors know that noise has significant health impacts that aren't necessarily related to loudness, and these need to be taken into account in making a decision about the application.  Tell them too that the potential noise impacts of the proposed motocross facility at Adare are unacceptable.