Council gone too far banning tinkering on cars??

[rag top]

http://www.thereporter.com.au/story/...hocked-reside/

AN afternoon spent tinkering with a car is a hobby many people indulge in.

But for Shane Arnold, this hobby nearly resulted in a fine of thousands of dollars.

The Heritage Park resident, who describes himself as a bit of a handy man, recently received a visit from a council employee who told him he could receive a fine between $2000 and $5000 for re-building a car in a shed on his property.

What's more, when Mr Arnold questioned the legislation, he was told it had been in place since 2006.

“I'm just speechless,” he said.

“It's getting beyond a joke.

“There would be thousands of people re-building cars in Logan.”

Mr Arnold said he was told that not only was he not allowed to build a car on his own premises, but beyond checking tyre pressure and windscreen wiper blades, car owners needed to either go to a mechanic, or move their cars to an industrial area and work on them there.

“I am sure no one knows (about this),” he said.

The Reporter contacted Logan City Council about this issue, and was told the council responds to complaints lodged by complainants, and in this instance it was made in relation to vehicle repairs as they do cause environmental issues such as noise and smell.

A Logan City Council spokesperson said the Logan City Planning Scheme 2006, table 3.2.11 stated development ensures that a motor vehicle is not repaired on the premises, unless the repairs are day-to-day maintenance, and the vehicle is owned by the occupier of the premises and is normally parked on the premises for their use.

“The use of the premises for an industrial use, namely vehicle repairs including panel beating, spray painting and repairs other than that of day to day maintenance is unlawful on a residential premise,” the spokesperson said.

“For day to day maintenance it is as detailed in any vehicle manual and is limited to checking oil, water, air and making minor repairs like changing a windscreen wiper or bulb to ensure the safe operation of a vehicle.”

The spokesperson said the Sustainable Planning Act 2009, which replaced the Integrated Planning Act 1997, has also empowered councils to issue penalty infringement notices (PIN) for specific offences as detailed in the Act.

“While council does not issue fines in the first instance, show cause or enforcement notice procedure is followed and there is a specific offence for failing to comply with an enforcement notice which provides for PIN amounts of $2000 for an individual or $10,000 for a corporation,” the spokesperson said.

“Council also has the provisions of Local Law 10 - Public Health which can also be used where there is a nuisance caused by the release of odours, gases fumes, particulates or other atmospheric pollutants to the atmosphere which has the potential to cause environmental harm or nuisance (Spray Painting), harm to human health, safety or personal injury, property damage or loss of amenity, where there is the potential for a $500 Penalty Infringement notice to be issued.

“However, council would expect that any reasonable person would comply with a direction from council, whether it be verbally or through the notice process, to ensure that the activity, is not affecting the neighbouring environment.”

[Professor Farnsworth]

haha.

dear god :(

[Tucool]

Beyond belief....

[mik]

give it time there will be a by law stateing no sex without a permit

[rag top]

Originally Posted by mik

give it time there will bw a by law stateing no sex without a permit

Some people actually need that.... as they are unfit to deal with the consequences.

[El Venom]

Dam I was lucky. I was living in the Logan shire until January 2006. If I stayed I would have been in big trouble as I was fixing a XW sedan, 2x EA wagons, Subaru leone and an AU wagon.

But seriously who are they to say what a person can and cant do on there own property. I can understand if there was excessive fumes or the noise was too loud after a certain time or there was something leaking or had been left on the foot path or road but nothing more. If they want to ban tinkering with cars then why not fine people for working on motor bikes, lawn mowers, line trimers or chainsaws. Why do they still allow people to decorate there house or do landscaping?

[pottery beige]

meathead that lived next door to me thought revving the crap out of his POS VN on a sunday arvo was engine tuneup..... council loved finding out about his illegal carport extension.... hehe

[my67xr]

i was dobbed in for working on my xr january this year, quick tidy up for my wedding.
inspector came and visited the week after , i was in bali on honeymoon.
he spoke to my inlaws that were staying here and he said i may be able to get a permit if i wanted to keep doing some work here and there.
he also questioned them about the 4 cars in the backyard, but he was told they were all mine, which they are.
i went to the council when i got home and was told that u cant work on your cars at home, no panel work, no painting and no mechanical... how rude of them!
at brighton

i was driving down prospect rd one day and drove through a cloud of paint fumes, a guy was spraying his landrover discovery on the front lawn, 2 pack too, i know the smell.
wonder if he got dobbed in?

[SB076]

I just got my coucil rates in the mail - Increase of just over 25% on last years rates (combination of supposed increase in the value of my house and a rate increase) Good to see they have found a good use for all this extra revenue :(

About time Australia got rid of local councils all together we dont need three levels of government.

[I_Con]

I think I can see where they are coming from, maybe a bit heavy handed for the average Joe who wants to do a bit of maintenance/repairs every now and then.

But at the other end of the scale, who wants to live next door to the procrastinator who has numerous wrecks rusting away and a property littered with old car parts.

[rag top]

Originally Posted by SB076

About time Australia got rid of local councils all together we dont need three levels of government.

Should move to the act; at least they don't have local councils.

[LTDHO]

What's the world coming too?

Shame all those people out there with a hobby are breaking the law.

[Ohio XB]

Here in the US some cities have adopted a law that keeps you from having a tore apart car in front of your house. If you have a disassembled car it needs to be in the backyard, or be otherwise concealed most of the time, so that the neighborhood doesn't look like a run down place.

I can understand that one. Otherwise, I am not familiar with any other restrictions that keep you from working on your own cars.

As for the Logan City law, I wonder how the council would feel if the association of auto parts dealers (whatever the organization may be called) was made aware of this law, and the enforcement of it, and the impact that it will have on their businesses. Many people do their own repairs because it is too expensive for them to get them done in a shop. Some do it just to save the money. Parts stores will lose the home mechanic's business. I don't think they would like that.


Steve

[Boosh Brus]

My guess is the guy was just being inconsiderate to his neighbors i.e. revving the car with no exhaust, panel beating late into the night etc.

[max]

Originally Posted by SB076

I just got my coucil rates in the mail - Increase of just over 25% on last years rates (combination of supposed increase in the value of my house and a rate increase) Good to see they have found a good use for all this extra revenue :(

About time Australia got rid of local councils all together we dont need three levels of government.

Absolutely agree! The number of fat cats employed by them is scandalous Councils do stuff-all for the ratepayer as far as I can tell, except empty bins.

[satria]

This is 1 reason to become friends with neighbours! I understand though that some people whinge so much though it's ridiculous and this looks like a result of that unless this guy was making a serious raquet late into the nights.

How un-australian to tell a bloke what he can and can't do in his own shed!

[Road_Warrior]

Originally Posted by Boosh Brus

My guess is the guy was just being inconsiderate to his neighbors i.e. revving the car with no exhaust, panel beating late into the night etc.

I agree. having been in this job before I/we used to get called out quite a lot about "backyard car repair businesses" where all it turned out to be is just some drongo doing up a car and is panel beating and making excessive noise late into the night on a regular basis.

Most people are pretty reasonable for a one-off or irregular disruption or event, but make a regular thing out of it and sooner or later someone is going to get the shits on. It helps being on good terms with your neighbours too.

That said, the clause in Logan Shire's local planning scheme is retarded. A person should be able to do whatever repairs they like to their own vehicle provided that it doesn't generate excessive noise and/or fumes. The way they state it is unreasonable and unworkable. Sounds like the do-gooders have infiltrated this Council.

[irlewy86]

Its Logan, the VC to VL wrekers capital of the world.

[XR8320]

Originally Posted by mik

give it time there will be a by law stateing no sex without a permit

Already happens to me, can only have sex when my wife PERMITS me to

[irlewy86]

Oh, and everyone's favourite Logan chitty councillor http://en.wikipedia.org/wiki/Hajnal_Ban

[DJM83]

Originally Posted by irlewy86

Its Logan, the VC to VL wrekers capital of the world.

Beat me to it, maybe they should afix their 'talents' to getting the cars that arent roadworthy off the road.
What a complete rort, who do these councils thnink they are, IMO i think they are trying to eliminate the car enthusiast.

[pottery beige]

Originally Posted by irlewy86

Oh, and everyone's favourite Logan chitty councillor http://en.wikipedia.org/wiki/Hajnal_Ban

errr... thats some wierd **** going on there.....

[atec77]

Originally Posted by Mr EL Venom

Dam I was lucky. I was living in the Logan shire until January 2006. If I stayed I would have been in big trouble as I was fixing a XW sedan, 2x EA wagons, Subaru leone and an AU wagon.

But seriously who are they to say what a person can and cant do on there own property. I can understand if there was excessive fumes or the noise was too loud after a certain time or there was something leaking or had been left on the foot path or road but nothing more. If they want to ban tinkering with cars then why not fine people for working on motor bikes, lawn mowers, line trimers or chainsaws. Why do they still allow people to decorate there house or do landscaping?

Under legal scrutiny many council bylaws wont stand up , I had this conversation with their inspector a while ago and he had been misinformed about some repair work by a malicious neighbour with an ulterior motive . I still feel the coucil is a vacant entity and needs to be abolished now as these days there is little reason for thier existence apart from nuisince value

[atec77]

Originally Posted by pottery beige

errr... thats some wierd **** going on there.....

called botoxed silicone

[pottery beige]

Originally Posted by atec77

called botoxed silicone

and leg extenders...

[ltd]

What next? No lawn mowers except for between the hours of 11:00am and 11:30am? No cars on the streets between 7pm and 7am? No dogs, no cats, no noise?
We truly are devolving at an increasing rate of knots for the cause of the elite and the nanny state.
I pity the fool who comes to my garage to fine me; he'll meet my torque wrench. I plan on doing all the torquing though.

[rancidpunx]

By the same logic, soon not be allowed to have a beer at home, you should be going to a licensed pub.

Hell why not just go the whole hog and ban cooking at home incase you burn yourself or give yourself food poisoning. Only food prepared by certified cooks at licensed venues will be allowed.

[FPV8U]

Being they are only council and not even a police level of authority wouldn't you be within your rights to refuse access to your property?

[302 XC]

Some new estate covernants are very strict along these lines
No car,trailer ect forward of your house
Not in the front yard,footpath or road ways
Yep not allowed to park in your own driveway !!!
Outta sight

There was a bloke out westish QLD,on alot of land and couldnt see anything from the road or next door,only from above
He received a cleanup or else letter from the council

I can see a point or two regarding this
If you spill oil/or contaminants you can receive fines or it has to be dug up to a certain depth
My old boss had this issue with diesel contamination on the ground at work out behind a shed (where we filled up)
He had to dig it up to 600mm
Why would this be different to a back yarder contaminating the earth ???

Im glad im outta town,bitta space alotta cars

[g220ba]

Someone appears to have annoyed their neighbours. Having said that if a coucil representative turned up on my doorstep whilst servicing my car and indicated i was not allowed to do so they would promptly be told where the nearest exit is. It would the same if i was working on a mates car or a neighbours car.

You would be amazed what rubbish gets past as a council by-law in your local area. There was a thread a while ago indicating some of the more ridiculous ones but i'm sure they were only a small few.