For the purposes of this report, our main focus is “Propane Gas Guns
Transcription
For the purposes of this report, our main focus is “Propane Gas Guns
HURUNUI DISTRICT COUNCIL SUBMISSION FORM (form 5) CONTINUED FROM OFFICIAL FORM DUE TO LACK OF SPACE. 35 PAGES SUBMISSION by PHIL AND SANDRA COOKE 32 Mc Clellands Road, Hawarden UNDER Proposed Hurunui District Plan 2015 CHAPTER 3 RURAL SECTION 3.4 RULES 3.4.3. STANDARDS FOR PERMITED ACTIVITIES SUB SECTION 9 NOISE LIMITED (e) Audible Bird Scaring Devices 1.Introduction Please watch the following clip before proceeding https://www.youtube.com/watch?v=LppB16Nms2g For the purposes of this submission, our main focus is “Propane Gas Guns, or Propane Gas Cannons”, specifically agricultural audible bird-scaring equipment that is propane gas-driven and designed solely to scare birds by means of repeated loud impact noise. 2. Our aims are: (a)To evaluate the problems that gas guns noise emissions are posing to citizens (b )To: protect those in the immediate environment…from potentially harmful effects…” 3. Environmental Noise We believe Propane Gas Guns contributes to environmental noise exposure Propane gas guns are outdoor equipment whose design and function exist entirely for the purpose of producing noise. The use of gas guns in agriculture has become more widespread resulting in significant increase in noise-nuisance related complaints from distressed affected residents in rural areas. A published and commissioned study into Auditory Bird Scarers entitled a Review of International Research Literature regarding the Effectiveness of Auditory Bird Scaring Techniques and Potential Alternatives”. Central Science Laboratory (CSL) is now part of the Food and Environment Research Agency which is in turn part of DEFRA (Wikipedia). CSL produced a report on the effectiveness of auditory bird-scarers including gas guns, and concluded that the effectiveness of these devices were very weak on pests. They also mentioned that the most effective way of controlling large flocks of birds was to cull them. If gas guns continue to be deployed near inhabitants and remain unregulated and unmonitored, potentially we could witness devastating social consequences in our rural communities. We feel this problem must be addressed as a matter of urgency. 4. Numbers of Gas Guns in operation : From 1- 52 (2001-2015) firing together in wide variation of acreage. 5. Worst known case scenarios In 2008-2009: 8 guns deployed simultaneously on a 64- acre paddock belonging to one farmer; other land manager’s paddocks surrounding this area also had gas guns firing at the same time This has now increased as follows In 2014-2015 :13 guns all day every day 7 days a week for the entire summer months. This scenario therefore if left unchecked just going to escalate 6. Noise levels; during harvest/growing season Consistent daily loud blasting levels during and outside growing season 7.Duration of blasts Each minute, hourly, daily. Up to 1,000 blasts per day when multiple guns are used 2014 – 2015 season 288 bangs a HOUR that is over 1100 a DAY. 8. Details of Times Ranges from 03.40 hrs - 22.15 hrs during the longest daylight hours Definitely not sticking to the dawn to dusk rules already set with some continuing through the entire night 9.Intervals of blasts Depending on the number of gas guns deployed in a given area, the interval and number of blasts can vary per minute (eg, 1-12 per min). With over 720 bangs a day on average from just two bird scarers NEXT DOOR TO US PERSONALLY this is NOT acceptable. We know many people who suffer THIRTEEN guns all day every day 7 days a week for months. They suffer 288 bangs a HOUR thats over 1100 a DAY This is NOT ACCEPTABLE 10.Example in the Hawarden area There were four areas of crops being grown on 133 Costellos Road, Hawarden for instance and each area had its own sets of bird scarers Area 1 the bangs ( the sound of a VERY loud 12 bore shotgun being discharged at VERY close range) were happening every 5 seconds for a set of three repeated at 5 minute intervals. Areas 2 ,3 and 4 were similar except they were staggered so as not to coincide with the Area 1 bangs. This meant that there was just about a minutes silence in between if that. If we wanted this scenario we would have moved to Syria or Iraq!! As it would have been more peaceful 11. Disturbance Apart from being jolted awake in a morning when you were sound asleep these bangs could be heard indoors…. INSIDE a DOUBLE glazed house over the TV and at a distance of almost THREE KILOMETERS!!! from the furthest machine. The people for whom the seed is being grown do not live there so they don’t care….. it does not disturb them!! And if it did this is THEIR choice not ours and THEY are the ones that stand to make the money from the crop not us . We get NOTHING not even an apology for suffering with this incessant noise so we should not have to put up with it. This is NOT ACCEPTABLE!!! Also IF the grower Mr Ford lived there full time then surely they would have known that the bangs were either going all night ( I don’t know many nocturnal seed eating birds) and that was breaking the law or starting at 3am or the times listed above. If Mr Ford was there then he was deliberately flouting the law that allows these machines to operate between dawn and dusk when in EVERYONE’S OPINION they should not be allowed to operate ANYWHERE ANYTIME…. For this he should be brought to task as he has blatantly flouted the law if he was indeed living there as he said or notand it seems that the HDC were lewss than cop operative about bringing him to task over this. 12 Effect Some people work nights and bought their properties in a tranquil location to be able to sleep in the day. Others have young children whom are being frightened by the sudden loud bangs which so early in the morning disturb the peace and quiet as the sound ricochets off the surrounding mountains and around the entire basin and is a shock to anyone’s mental state to say nothing of livestock that take off across paddocks every day when the first shots are fired. You find yourself counting constantly so you know when the next bang is coming so that it isn’t such a shock.It REALLY impacts on you. We know that they are not allowed to operate within a certain distance of a RESIDENTIAL area. Well we RESIDE here….. just that there are not as many of us as say Kaiapoi where there was a problem that was very quickly stopped by the Waimak Council. However the people who complained went on to suffer verbal abuse from the land owner for a long time. This should not happen especially as a lot of them were elderly. 13. Rights of the Minority So don’t we matter???? Don’t we have rights? Just because the numbers of residents surrounding these rural gas guns are a lot fewer we still have the same basic human rights. Many people move from the noise polluted cities for PEACE AND QUIET to get away from noisy parties and revving car engines barking dogs and we pay dearly for our properties to have this QUIET enjoyment!!!.. which is in fact an actual right… to enjoy your property in peace and quiet Not EVERY person in the country is a farmer up at the crack of dawn every day, there are a lot of retired people too. It REALLY impacts on everyone even townies visiting the area. (a) One family thought they were being shot at in the river bed one day and they retreated hastily abandoning their hopes of a picnic and a swim.. (b) Another visiting person’s horse bolted. (c) Someone else’s dogs bark at every shot and as these come in volleys of three set anywhere from 5 to 9 seconds apart repeated every 2 to 5 minutes it is very annoying and disturbing. To have the bangs and the dogs which we cant do anything about as they are only responding to the guns. And that’s just ONE bird scarer. There have been up to SIX going on each area 14. Future Predictions The crops in question were grown on a very small area….. presumably as a trial for more extensive cropping in the future.. when more water becomes available perhaps through the planned Hurunui Water Project. Imagine many more of these machines going off…. bang after BANG after BANG after BANG after BANG This will then lead to more problems and more people affected as if this current small crop required six sets of bird scarers then larger areas will require many many more. As stated 3 volleys a few seconds apart and then repeated a few minutes later times six sets meant that there was hardly a minutes silence in between. If someone sat in a car tooting their horn in such a fashion outside the council offices someone would call the police very quickly to stop them!! It would be quieter living on a firing range!!!! 15. Other similar anti social nuisances If we personally were to cause some similar noise for this period other than a bird scarer we would be closed down immediately. For instance… (a) If we were to start a Clay Pigeon shoot on our property we would have to get a resource consent and in order to do that we would have to go around our neighbours who would be affected and get their signatures that they agreed to it. However we are quite sure that everyone would later complain if it went on day after day after day non stop and sometimes through the night way beyond what was agreed. (b) If our cars were going along back firing even a few times the police would pull us up and prosecute us. It would not be acceptable (c)If it was a barking dog all day the police and noise control would act immediately so why is the gas gun noise acceptable?? (d)Hoons doing doughnuts and burnouts that disturb people are soon dealt with. (e)If it was a rowdy Saturday night party on just the ONE night it would have been closed down immediately and music equipment confiscated so why are these bangs allowed to GO ON AND ON AND ON for four months, un monitored and measured even after our complaints and we had to make threats to get someone to come out and hear what was happening. (f)Bonfire night is fast being outlawed due to the noise factor and that’s just ONE night in a year. As this is not considered a “residential area” the bird scarers are allowed it seems. A lot of us DO reside here and just because we don’t number in the thousands we are not being heard 16.Action Taken We have had lovely settled weather over the summer with hardly any wind so the noise has been deafening, as it has not been dissipated in any way. We reported this many weeks before…. whilst it was all going on…… but by the time anyone was sent to measure this noise pollution ( for that is what it is) some crops had been harvested and the nuisance was down to one bird scarer three shots a few seconds apart every 10 to 12 minutes 17. HDC action taken MOST IMPORTANT OF ALL after months of complaints to the HDC they finally employed an acoustic company to take some readings however ……… the day the readings were taken it was a RAGING NORWESTER so a true reading was NOT ascertained as the one remaining machine that was measured was the quietest one of all the machines. The others already having been turned off as the crop had been harvested. This was therefore NOT an accurate reflection of the problem 18. Readings of Noise Level We have since had the results of the measurements that were taken by Marshall Day Acoustics on 25th March 2013 which stated that the remaining machine ( which was the quietest one that had been in operation) was IN FACT 20 db over the district plan limit. So WHY was Mr Ford allowed to continue on at that level? Nothing was done to stop it!! and moreover again THAT machine was the quietest one that was measured the others having already stopped due to harvesting. We are annoyed that no one came out earlier to measure this after we repeatedly complained and that nothing was done about it before it came to its natural end when the crops were harvested. 19. Further action sought We then had a meeting with HDC Marie Black whom after consulting the “bible” of rules she brought with her said that IF this happened the following year then quote” we can PING HIM” meaning Mr Ford the landowner. The same thing happened the following season 2014/2025 and of course the council DID NOTHING as we were told b Andrew Brown that he is ALLOWED to do it so there was nothing the HDC could do. They ( the HDC) totally seem to ignore the fact that again the noise was LOUD and if measured would have been at the same lever as the previous two seasons and over the allowed decibel limit Mr Ford therefore thinks that he has got away with it and he still needs to be taken to task before he does it again next season. WE are not prepared to put up with that again and are going to take this ineptidute of HDC to the Ombudsman and employ a lawyer to take the matter to the Environment Court 20. Other people affected in the area Many more people would complain but in someway they are indebted to Mr Ford …like for winter grazing/contracting etc.etc.so we are not only speaking for ourselves here but for everyone else in the community that are affected but are too afraid to speak out for fear or reprisals. We have wives and husbands falling out as the wife is affected but the husband says to put up with it for the sake of some dealings with either Mr Ford or the seed company We tried talking to Mr Ford but he is not a nice person and you can’t talk with someone when they hang up the phone and then put on their ansaphone and whilst we have visited on many occasons we can never find anyone home. A lot of people have trouble with him in other ways and his stock are forever polluting the Waitohi River bed which E Can should know about and as he does not have good fences his stock are permanently wandering. Just ask our neighbour Mark Zino who lost a saved paddock of grass to Fords wandering sheep last year. Mark was beside himself with rage and could hardly speak he was so cross with Mr Ford especially in drought conditions when stock feed has been scarce. 21. Objective We therefore would like to apply to change the district plan. You NEED to outlaw the use of this method of pest control especially in an area that is trying to attract tourists. No tourist in their right kind would want to stay anywhere in the location with that constant noise !!! 22.Other options People with vast acres of grapes in the Hurunui manage to stop birds eating their crops using silent methods i.e. nets. Laser beams.If Mr Ford can’t stop the birds in some other way other than disturbing the entire community then he needs to change and grow something else that does not interfere with everyone’s lives. We are entitled to a life and we personally ( being the closest) have been made very ill during this time due to lack of sleep and ddisturbance. We sometimes work nights getting in at 4am so to be woken at 7am ( at best) means we only get a couple of hours sleep as it is impossible to sleep during the day with this constant loud noise. We are also farmers and understand the noises of the countryside ….natural sounds that only happen infrequently and not ALL the time. like sileage harvesting through the nights which we know will end in a day or two. We quite understand that come 1st May the start of the duck shooting season there are gun shot at dawn but that’s only for a short while on a couple of Saturday or Sunday morning.. not all the time!! 23.Effects on Wildlife We have also lost all our ducks that lived on our ponds and when it is especially dry we had gained a lot from other places that had dried up. They have all gone after being able to live here peacefully for the last 20 years. The paradise geese have also left as have the hawks and quail and we no longer have any dawn chorus. We allow a good part of our farm as a wildlife reserve so that the poor pressurised animals have somwhere they are not disturbed or shot at!!! However that has all changed now since these noisy machines disturb everyone and everything. So much for 20 years work enhancing the environment planting trees fencing off waterways and providing places for these animals and birds…. To be lost by this endless barrage of bird scarers…………. they sure worked on OUR property We had created a sanctuary here that was shared by both NZ Falcons and Australasian Harriers, Keruru, Fantails,California Quails, large population of endangered Mohua, Tui, Bellbird, Grey Warbler, Herons, Thrush, Blackbird, Spur Winged Plover, Paradise Geese, Scaup, Mallard, Pukeko, Kingfisher, Riflemen, Owls, Silver Eyes, Magpies as well as an abundance of hedgehogs, Dragonfly, Beetles, lizards and a host of other insects They all used to live in peace and harmony without disturbance, now they are all gone!! We don’t want our birds scared off nor our sheep and horses and cattle. We don’t want our dogs barking at every shot and we don’t want to be kept awake day and night . We just want PEACE and QUIET like it has been for the last 100 years up here. Our farming practises and those of our other neighbours don’t disturb anyone else so neither should his. We have taken legal advice that we are well within our rights to complain about this and in actual fact as the law of the land states any noise created in such circumstances as using bird scarers should not be heard OFF the person using them’s property.. i.e. outside of his boundary Mr Ford’s boundary fence (such as it is!!) and our property has very thick growth of willows pine and native trees between and these loud bangs penetrate these trees even in full leaf. It more like a military Howitzer going off than a bird scarer. 24.Character of the noise The noise ranges from very loud long BOOOMs to short sudden reports almost identical to shotgun blasts firing at close range. Being exposed to multiple gas guns all blasting at different times results in an effect not unlike close machinegun fire; it can be very disruptive and distressing to everyday life. 25.Typical surroundings affected Commonly quiet, rural areas surrounded by open farmland Typically small well-established townships built much before the advent of gas guns; population range: 150 – 2,500. Can include sensitive inhabitants, e.g small community hospitals. 26.Numbers of people affected: No definitive written data really available other than a few brave souls who did put their name on a petition but a significant proportion of sufferers do not to want to identify themselves for fear of reprisal but were very happy to make their comments known under the banner of the Bird Bangers Begone group on Facebook. We will become an incorporated group tro take this futher. 27. Duration It is from dawn to dusk (03.40 hrs -22.15 hrs) on the longest days of the year. They are exploding from December to April/May in most areas affected; however, increasingly it has become continuous over a much longer time span and the guns as deployed on crops like oil seed rape and crops grown for seed like Daikin Radish to scare birds from germinating seeds to good sized plants, but more recently in one particular area it is suspected they are used to antagonize, intimidate and disrupt the community, because the crops are fully grown by April each year and the deployment of gas guns would serve no purpose. 28. Changes in noise levels Newer models of these canons are increasingly louder 90dBs in 1990 to 156 dBs today. This appears to have become more of an issue since the manufacturers have fine-tuned the devices to produce even louder noise emissions over the last few years and propane gas gun noise levels have increased significantly, enabling these machines to reach noise level emissions of 156 dBs. Noise levels in the environment should be considerably lower (W.H.O recommendations) so as not to cause detrimental impact on human health. There are also new and/or improved auditory bird-scaring products (rockets, banger ropes) again much louder than previous years. Gas guns emit up to 156 decibels (dBs) at source, louder than a shotgun explosion. 29. Proposals for alternative pest control BAN THEM NATION WIDE…….. PROBLEM SOLVED no need to mess around with guidelines and registers as there are many alternative . effective but non invasive options depending on crops being “protected!” that have no impact on people’s lives There are laser guns that are silent and automatic units that do a far better job. (see links later on) A gun going off continually actually has the opposite effect and attracts birds.. like a dinner gong going off!! There is research to prove it and previous studies * have shown that starlings will learn within a matter of hours to ignore even relatively elaborate bird scarers - these devices never do what a real predator would, they don't actually chase the birds or present any other signs of danger, so the birds quickly learn to ignore them." http://www.telegraph.co.uk/news/science/science-news/3341156/Starlingsknow-if-you-are-watching-them.html 30 Guidelines IF you are NOT intending making these illegal (which in the opinion of everyone affected that we have spoken with they should be) there are ways in which problems caused by gas gun noise emissions in the environment may be improved: If for some inane reason you don’t do the right thing and continue to allow one person to affect SO MANY in the community then the following guidelines MUST be instigated when gas guns are deployed We would like the following considered for inclusion in the District Plan and put into effect. a) Strict maximum permissible sound power levels of each ―bang‖ b) Minimum time-interval between ―bangs‖ c) Minimum distance between location of each gas gun deployed, avoiding multiple guns overlapping with neighbouring crop growers d) Strict maximum number of daylight hours of use per day and per season e) Strict limits on quantity of gas guns present per specific given area of farmland f) Improved conforming procedures; an impartial external regulatory body is needed to ensure manufacturers are prohibited from placing gas guns on the market if they do not conform to noise limits g) Measures to regulate the use of gas guns in situ by random checking and monitoring by an approved body. h) Duration of gas gun noise needs to be investigated. Some areas have experienced months of unrelenting explosions without cessation from dawn until night all year round. i) No gas gun deployment in sensitive areas: - for instance, it is inappropriate to site noisy equipment very close to schools, old people‘s care homes, hospitals and also dwellings in more remote areas surrounded by agriculture just because not many people live there!! j) Gas guns are not to be deployed next to footpaths/walkways or routes taken by horses. This is VERY dangerous. It has been known to cause equine fatalities This is also a threat to the riders themselves if they are thrown by the horse when it's suddenly frightened or startled by explosive noise. ( See comments later from the horse fraternity) We also propose: 1) Alternative methods of non-audible bird-scaring to be used eg, hawk kites, balloons, scarecrows, helikites.. and silent non intrusive lasers such as the Agrilaser see https://www.youtube.com/watch?v=jyaAv_y7Bog or for those who want an automatic solution https://www.youtube.com/watch?v=L5fkixXNDVQ before gas guns are used as a last resort 2) A ‗noise emission nuisance control‘ protocol to be created that is clear, measurable and practical, using objective numerical standards that can be determined with appropriate sound level meters, based on health and welfare studies. These principles to be adopted at local levels 3) Clear channels of communication to be established between agricultural equipment manufacturers and regulatory bodies. It is not acceptable that established noise legislation requirements are not adhered to…… the countryside is NOT an industrial area as per that of a city. That is nonsense and if that is the case why do people always say they move to the country for peace and QUIET!! This is NOT Syria! (4) Random monitoring of equipment (while in use) by an authorised body is put into immediate effect. If users are on a register with stated hours duration number of explosions and numbers of guns then this should be easy to monitor. 5) An assessment of the effects of gas gun noise on nearby populations. This is very urgently needed in the Hurunui Marlborough and Waimak.areas as these directives which have no continuity between council areas are commonly ignored by farmers who use audible bird- scarers. Currently the noise control officers are saying they are powerless to do anything as there is no sensible legislation. THIS MUST CHANGE! 31. FIRE RISK One observation that carries potentially lethal consequences is the “Flame out” fault of gas guns. Some have been seen to throw out flames 1 metre long before an even louder than usual explosion is heard. Scorching around some gas guns has been noted, and the potential for ignition of OSR (oil- seed crop) to occur is high when these devices are left very close, or even in amongst 2 metre high OSR crops. With the nature of the oil- seed crop this eventuality could cause catastrophic damage to a highly inflammable product and again a threat to human life. We already have proof that these guns have started fires in the Marlborough area in 2010 http://www.stuff.co.nz/marlborough-express/news/3403685/Fire-sparks-birdscarer-alert And again in March 2012 quote… A grass fire on Dillons Point Rd has reignited concerns about the risk posed by gaspowered bird scarers. Marlborough Rural Fire Forces and the Blenheim Volunteer Fire Brigade were called to the blaze at Kerseley Vineyard The fire burned across about one hectare of farmland, threatening a farm shed and damaging about 40 vines in a neighbouring vineyard. Marlborough South deputy principal rural fire officer John Foley said he suspected the fire had been started by one of two gas-gun bird scarers at the property. The incident was reminiscent of another, more severe fire in 2007 which started after a bird scarer was knocked over by the wind. The blaze ravaged 48ha of farmland in the hills south of Blenheim. Mr Foley said vineyard owners needed to be aware of the fire risk bird scarers posed. "They need to be up off the ground and fixed down," he said. We also have information on at least another four instances where gas guns have been proven to have started fires The above incidents were documented as they made the news headlines but it seems that many other fires have been started in this way but as a rule the fire service only documents the fire as started by “farm equipment” rather than a SPECIFIC piece of equipment so we have no real definitive numbers of fires that were as a result of a malfunctioning gas gun. THIS NEEDS TO CHANGE in the fact that fire call outs need to document any such fire that is found to be caused by a gas gun as such and not be a general farm equipment documentation. This fire risk aspect is particularly dangerous in normal summers let alone drought conditions in the North Canterbury and Marlborough areas like this year as they are also subject to strong Nor Wester winds which could create a devastating fire in a region and time of year when there is a lack of water for fire fighting purposes. 32. Fire Bans When we have a total fire ban in the normal North Canterbury summers this poses a grave risk, one that had NOT been noted separately by the Fire Service… fires caused by such devices having in the past been noted under “farm fire” and not specifically classified as being as a result of a gas gun. In our opinion if there is a total fire ban or restricted fire season then these gas guns should NOT be used as the risk is too high. Leaving your property to even go into town shopping brings the added concern of “what if” a gas gun starts a fire and we are away. As many of these guns operate on properties where no one actually lives rapid intervention may not be available and untold damage could result especially if this coincides with a Nor Wester day which are common at that time of year. 33. Drought Conditions With the lack of water in the area where several of these guns could start a fire if this happened on such a windy day then the consequences would be dire as a fire would spread very quickly and threaten huge swathes of land forestry and homes. 34. Fire Safety The possibility of these guns being blown over in such Nor West wind conditions is also an issue. When a 2 ton pump shed that was anchored with reinforced steel into a concrete slab blows away in one nor west gust (on our farm see photo 3 below) then this poses a real danger for these gas guns which could then be laid on the ground in long dry grass as we see no evidence that these guns are sited safely and indeed there seems to be no guide lines regarding such a matter. The ones on the farm next to us have the actual gas cylinder swinging in the breeze from the tripod that the cannon is sited on. so are hardly stable and safe, and as you can see it is in amongst long dry grass (see photo 1) There were also birds in amongst the crops feeding (see photo 2) although it is hard to make them out in this photo they totally ignored the canon going off and we watched them for three cycles of the canon going off which was sited just a few metres from the road used by horse riders and pointing right at our house We note that it was NOT pointing towards the landowner Mr Ford’s house!! Photo 1 Photo 2 Photo 3 35. Proposed Fire Safety Regulations As these devices detonate a flammable gas to create a noise to scare the birds, in Australia where they are well aware of this risk. they have strict precautions that must be adhered to and gas guns must not be used unless… • The space immediately around and above the device is cleared of all flammable material to a distance of at least 4m; • The device is constructed to prevent the escape of fire or burning material, and is clean and in good working order, so as to avoid a malfunction that could cause a fire; • The person using the bird scarer takes all reasonable precautions to ensure the bird scarer cannot fall over or be knocked over or otherwise interfered with by animals. If these conditions are not met, an expiation notice can be issued with a fee of $315; if offenders are prosecuted in court, maximum penalties of $5,000 for the first offence and $10,000 for a second or subsequent offence can be imposed. They also have to adhere to the following There should not be more than 6 shots per hour from a gas gun. • An audible bird scaring device should only be used in conjunction with other methods of bird control. Primary producers should have a written bird management plan that outlines the various methods of bird control being implemented on the property and also contact details on the farm gate where these guns are being used as so often the landowners are absent and therefore are never affected by this noise themselves and are unaware that they have been going off all night We also need to point out that they don’t have such powerful winds like we get here in Canterbury In summary a)….visual bird-scaring methods should be used as a first resort and gas guns as a LAST resort. This is not happening. b) Gas guns should not be used on Sundays or Statutory Holidays. This is not happening. c) Gas guns are ONLY effective for approx 2 weeks as a pest scarer so there is little advantage in having them going for longer periods where the only thing that are antagonised are the local human population. 35. Impact noise on citizens Computer chips of gas guns can be very easily altered. This can lead to deliberate anti-social noise-making. Gas guns have a night-time option to fire; they should NEVER be exploding in dark hours. There is poor acknowledgement by Local Authorities of the effect of impact noise on populations where numerous gas guns are deployed simultaneously in the same area. Gas gun noise emissions cause mental ill health; they are erratic, unpredictable and frightening; they can be intense in volume and long in duration from dawn throughout daylight hours, up to 18 hours per day in the summer. Gas gun noise and the complaints made to Government Authorities have to be declared to Real Estate Agents and prospective buyers of property. Selling houses in these noise-polluted areas is now proving extremely difficult. Tourist trade can also be affected There are many citizens who have grown up in the countryside and some who relocated to rural areas three/four decades ago or more, who never experienced gas gun noise saturating their premises until relatively recently. 36.Limitations of current monitoring and enforcement procedures: At present, in New Zealand control of Noise Nuisance outdoors is handled by local councils noise compliance officers.. There is enormous variation in Authorities’ investigative procedures when responding to noise complaints from citizens. Furthermore, Authorities can only resort to limited powers provided under these Acts and we have experienced Authorities actively ignoring WHO and EU noise guidelines and recommendations, and claim the Human Rights Act 1998 does not apply. Environmental noise nuisance investigations are poorly funded and woefully inadequate. Arbitrary and subjective judgments are made with no supporting scientific basis; Environmental Health Officers and councils do not seem to use sound level meters, for instance, so invariably no action is taken to reduce noise and this nuisance remains. 37.Conclusion While noise emissions are increasing and no clear noise regulations exist to control gas gun use in NZ we ask that Audible Outdoor Bird-Scaring equipment (propane gas guns, rockets, banger-ropes) be added to any outdoor noise directives, so that it can be implemented in any noise emission in the environment by equipment for use outdoors regulations. If it is determined that propane gas guns do not qualify for inclusion in the main body of any directive, then, as a matter of urgency, we propose a new or supplemental classification is created for these pieces of Audible Outdoor BirdScaring Equipment, to ensure the public is protected by the safeguarding privileges that any outdoor directive encompasses and penalties for noncompliance. This unregulated, constant anti-social noise disruption has increased to such an extent that the serious impact on some citizens’ health and well-being is a cause for great concern. This is EVERY day ...... day in day out including Sundays from dawn till dusk. ..... for months. This is Not acceptable. No resource consent is required for the use of these gas guns and they SHOULD be issued under a permit IF they have to be used. 38.Health Issues It IS sending people mad and is a real health issue It is amazing that in every case we have come across the owner of the gas gun does not LIVE there!!!! so they dont give a dam. We personally have a family member who can no longer live with us in the summer when these guns are going off . They cant even visit anymore!!! well at least not in daylight hours!! This is Not acceptable This gunfire stirs in you the fight or flight instinct and constant stimulation of this reaction causes untold damage to say nothing of lack of sleep!! This is Not acceptable It is not acceptable either to live in what amounts to the same as a battlefield or war zone when no other noise pollution would be tolerated. No one wants to hear it at all!!!!...... let alone enough to go cause a jarring pain across the top of your brain!!! We KNOW when a bang is coming as we get the brain pain from the shockwave that is felt everytime BEFORE you hear the bang This is Not acceptable. What is happening at our neighbouring farm is once again the grower of the seeds does not live on site and it, seems out of spite for our complaints to council last year added an exorbitant number of guns to the small acreage he grew radish seed on this last season…. especially when there are other ways that a better result can be achieved. Now don’t get us wrong we don’t have anything against anyone making a living and doing what they want on THEIR OWN property but why should WE the greater community in this area SUFFER for some else’s gain. We didn’t gain from being kept awake all night some nights We didn’t gain from being awoken at 3.45am on a Sunday morning in the summer We didn’t gain from being awoken at 5am We didn’t gain from being awoken at 6am We didn’t gain from being awoken at 7 am and very soon with Daylight Saving ending it will be light again in the mornings and we will be back to being awoken at 6am. If we wanted to wake up at those times we would buy an alarm clock!! And if we want to sleep in in our OWN properties even one morning a week we should be allowed to!!! We have worked hard all our life with very early morning starts ourselves over the years. We now are fortunate enough to NOT to have to get up quite so early as 5am every day at long last so we are certainly not going to be dictated to by and be woken by someone else .!! Why should our neighbourhoods little kiddies not be able to get to sleep during the day if young enough or when they go to bed early evening cant get to sleep because of the noise still going on until dusk….. and much later at one time until we complained of night time bangs that are against the law . Why should the little ones be woken frightened in the early hours of the morning ( which again is against the law) day after day after day and then at best the crack of dawn (after we had had words with Mr Ford it was reduced to not starting until dawn which was at the time around 5.30am) Why should one visiting lady almost drop a tray of food one lunchtime as she carried it outside to lunch guests as a loud bang made her jump so much? Why are we forced to stay indoors on a lovely sunny mornings or evenings when we usually eat breakfast/lunch/dinner outside…….. because the almost constant noise is driving us to distraction. Some people work nights so need to sleep in the day. As this loud banging can be heard above the TV in a double glazed house sleep doesn’t come easily! Why are we putting up with this? Well we are NOT prepared to anymore We are not going to go through that again for anything.. especially as those affected do not gain ANYTHING from the inconvenience and constant disturbance. THESE MACHINES NEED BANNING NOW PLEASE. Another ten years before things can be altered in the District Plan is far too long to continue suffering as we all are doing. An attempt had been made to ban these devices some years ago in the Marlborough region…. which obviously failed. We were told this by an actual MDC councillor who was extremely bothered by the noise. However instead of pursuing the problem he eventually shifted house to get away from the noise.!!! That is not an option for some people!!.. and more to the point why SHOULD we!! 40. The Future and the Environment Our quality of life and that of those people who have contributed to our Bird Bangers Begone group also KNOW that their quality of life and peace and quiet is shattered for the best part of every summer and it can ONLY get WORSE With the Hurunui Water Project intending bringing in more irrigation in the area bringing in more intensive farming practises including cropping gas guns needs to be outlawed now and more suitable devices implemented before we drive away what few tourists do venture into the Hurunui area We have some wonderful countryside in the Hurunui ( which is not just the Hanmer hot pools and I bet THEY would soon have something to day about any such noise near them!!) but people who come from overseas do not want more of what they left their homelands to get away from!! No one is going to want to stay at a B & B or farmstay in the area with gunfire going off all the time. You can go to Tunisia on holiday to get shot at.!! lets at least offer one country in the world where people can enjoy peace and QUIET and feel and are safe!! 41. Indifferent MP Interesting, too, that our local MP Stuart Smith is now talking about the environment needing a social or quality of life aspect to it.!!!! We personally met with Mr Smith in March at the Hawarden show and despite having being fully briefed on the communities concerns prior to our meeting he came across as totally bored and indifferent. In fact I thought that he was down right rude and might as well have walked off as his attention was totally elsewhere and whilst he may have listened he certainly was not hearing our concerns and certainly not taking any interest as to how he could help and suggested nothing. He basically said that it was nothing to do with him/central government and was a local issue to be taken up with the relevant councils. He had no intention whatsoever in helping the cause in anyway and washed his hands of the matter As I later saw him talking to “the big farmers” I can only surmise that his indifference was due to the fact that the “big farmers” are “in” and the little dirt farmers who “don’t count” are “out”. We are really sick and tired of being pushed around and walked over by the larger farmers in our area. They think they can ride rough shod over everyone on every issue. There are a lot of people on the Waitohi River who have spent the entire summer from Nov 2014 to May 2015 without water for their houses and stock because a “few” have it all for their “big farms” but that’s a different issue!! As water battles ensue between these large farmers and the “rest” of the community who don’t have the luxury of mains water… Ecan is getting involved and it has become quite apparent through talking with the community over water issues that people are also very worried about the future where more farms will become irrigated with the Hurunui Water Project thus more crops are likely to be grown and that therefore is more than likely to bring an influx of more of these bird bangers into the once quiet and peaceful area. THAT is what the countryside is know for …..peace and QUIET where people come from the noisy cities to relax and unwind and enjoy the serenity .. as Stuart Smith is now talking about as per his above statement. To call it an “industrial area” is in the realms of lunacy!!. We also spoke with the Human Rights people about uninterrupted sleep; they tended to agree that it was a Right -but that it didn't 'fit' with their current priorities so they put us onto the office of the Ombudsman again….where another lady who thought it fitted into their bailiwick agreed to take a look at our complaints and was going to look at it from the perspective of non-action by the local councils. We are currently awaiting a reply! Since then NOTHING has been done by the HDC to amend the rules and again we are faced with the same situation. Since December 2014 sometime we have had the CONSTANT barrage of noise IN our home. These gun shots ECHO round so every shot has one or two repercussions that are not heard at a closer range. We know people who came to view a property for sale at Masons Flat and decided against it as they could hear the bangs right over there so it is affecting property values/ sales At the risk of repeating what we said last year NOTHING has changed. ESPECIALLY not the District Plan nor the HDC ability to enforce current regulations for what they are worth. Oh yes one thing HAS changed… Mr Ford now has a much larger area under this crop and now he does not have any nets on them. He did net them but the nets blew off in a Norwester. Talk about incompetence !! The main thing that HAS changed is our health. With three months of constant noise that affects our sleep we are at the end of our tether and this has GOT TO BE STOPPED. Just because we live in a rural area does not make it ok for this sort of noise pollution. It is not tolerated in towns purely because of the sheer numbers of people that complain and are affected. It is NO DIFFERENT here.. we are humans too and we need peace and quiet and sleep like anyone else. It is why we worked hard to buy a property in the peace and quiet of the country.. Yeah right!! Look at any real estate agents descriptions of rural properties and you find the words peace and quiet, tranquillity, bird song, far from the madding crowd describing some remote dwelling that when you have bought it turns out to have a seed crop growing next door that you were unaware of at the time was going to require CANONS going off to defend. The countryside is noted for its supposed peace and quiet. No one in their right minds would buy a property if they heard these canons going off all the time We doubt any council member lives within earshot any gas canons We doubt any MP lives within earshot of any gas canons We doubt any council member (or those who MAKE the rules) are affected by this problem. Because IF they were THEY would have done something to alter the plan years ago. .. those with the power to change are not suffering We are ABSOLUTELTY SURE that if the land that surrounds Sian Elias’ beautiful Lake Shepherd property were to start having these canons on it SHE would have it stopped IMMEDIATELY. Her location is exactly the same as ours is, in a beautiful location that tourists could enjoy, in a basin surrounded with mountains …..which these explosions ricochet off So to try and get the people who are reading this that maybe the ones setting the rules governing their use and who presumably are NOT affected by any such noise lets try and set the scene………. Lets take a scenario. This of course is in reverse as we work nights but you need to APPLY this to your and whoever else is reading this daytime jobs to appreciate where we am coming from. If you have ever been awoken at say 4am by something and been unable to get back to sleep until your normal awakening time of sat 7.30am then imagine that happening even earlier in the morning.. EVERY day including weekends, day after day after day after week after week after week after month after month after month.. for at least FOUR months throughout the whole of a lovely summer that SHOULD be able to be enjoyed outside on your own property then read on We are not in prison We have rights to stay asleep. We DO NOT wish to be woken up when SOMEONE ELSE dictates. That is NOT FREEDOM That alone choose how it is being brought about is a breach of civil rights. JUST IMAGINE THE FOLLOWING SCENARIO…. You work in an office 9am till 5pm You get up at 7.30am out of choice (yours) You go to work all day come home and ENJOY your property peacefully. You go to bed at 11pm.to get your needed 8 hours sleep.All good so far. Now keep imagining next morning you do the same and so on. Then one morning you are forcibly awoken at 3am by a loud bang that continues intermittently.. just far apart enough to wake you up again just as you dropped back to sleep. You can only go back to sleep so many times before you are wide awake. Trust me we know! So…. You cant get back to sleep. You get up at 7am being 4 hours short on sleep and have to go to work as usual. Throughout the day you are tired but not too bad. You go home and go to bed maybe a little earlier to try and make up for the lack of sleep. Again in the middle of the night you are woken up at 2am by bangs that continues thus disturbing your ability to get that all important sleep. Now keep imagining (because this is THE ONLY WAY we are going to get through to you). By7am when it is time to get up you have had not much sleep and feel sick and dizzy when you stand up. All you want to do is sleep but you are now overtired and anyway you HAVE to go to work and deal nicely with people when all you feel like doing is biting their heads off. You are at work and are like a zombie all day and are yawning all the time in meetings. You again return home in the evening and go to bed even earlier. Again in the night after only three or four hours sleep you are awoken by the neighbour making this noise… and you challenge him… BUT….he says he is allowed to!! By now we will guarantee you are GRUMPY you feel ill and are sleep deprived. You start to have headaches that pills don’t remove as the constant banging only stops when you have gone to work for some respite. Thing is you cant sleep at work you have to WORK. Imagine now after THREE MONTHS none stop of this day in day out you are feeling like punching someone’s lights out and the people there to protect you from this noise don’t give a damn as they are not affected by it. They DON’T KNOW Only YOU know how that feels and being so tired puts you at risk of making mistakes to other people’s detriment in whatever way that happens to be. NO CROP IS WORTH ANYONE LOSING THEIR LIFE OVER. Now we certainly don’t mean that we are going out with any intention to berate the persons causing this noise although goodness knows there have been times when we are woken up and feel so sick with tiredness that it seemed like a good idea! Everyone has limits and we are at the end of out tether with this… mentally and physically. Rest assured we are not about to physically damage anyone or anything… we are actually nice people!!!, our guests from all over the world tell us so on websites where you can make comments on our business etc. We are farmers also with stock but none of OUR farming or business practices impinge on anyone else in the community. We run our business and farm all fine and well until December when Mr Ford comes along and starts waking us at 5am after having only had two hours sleep in the summer (which is our busiest time of the year when we maybe driving until the early hours of the morning to get home) By now March.. ( 2015) we are at the end of our tethers. We are sleep deprived and we are ill with constant headaches and migraines from lack of sleep. Because the CONSTANT noise ALL DAY EVERY DAY does not let up we can not catch up on sleep and start to decline physically and mentally. We meet tourists all the time with jet lag… we have permanent jet lag thanks to Mr Ford and it is a terrible thing. This is affecting our health and having had enough bangs to monitor this for months now we can state categorically that these loud bangs are causing us physical pain. When there is a bang before we hear the noise in our ears we feel a pain shoot through our heads followed a split second later by the bang. There are shock waves from these canons that are hitting us BEFORE the sound. We spoke with a neurologist regarding what damage is being done here for we had a permanent headache that has been checked out by MRI to make sure we don’t have a brain tumours etc. That cost a lot of money and the conclusion was the headaches are caused by the constant noise.. as we don’t have them the rest of the year when the guns are silent.!!!!!! My husband is also being made sick by these bangs in a different way. He is in triple AF.. that means three of the four chambers of his heart are out of sync. He has died twice and been resuscitated to try and rectify this but as yet he needs more rest and relaxation and a stress free environment for his heart to recover and settle down. He is taking many pills and under a heart specialist in Christchurch whom has written to Andrew Brown HDC Noise Control officer regarding the noise these guns are making and the stress they are causing him. If he has a heart attack and dies whilst these guns are going I will hold Mr Ford responsible as my husbands problems first started during last summers barrage when we were unable to rest and relax between the tours we do. Whilst there seems to be only a few people prepared to speak out in the area (everyone else too frightened to stand up and be counted for various reasons) we have taken the opportunity to talk with people all around the area and get their opinions on these gas guns If the use of these gas cannons for they emit MUCH more than a bang!! are not stopped then very soon the one thing that we all prize about living in the Hurunui countryside will be lost.. Most country dwellers live where they do for the peace and quiet that this area affords. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx In fact the very rules of the HDC as follows are not being implemented in this case… 3.4 Rules 3.4.8 Assessment criteria When considering an application and whether or not it can be granted pursuant to Part 2 of the RMA, the Council will have regard to the relevant assessment criteria: Subsection 4. Noise: (d) That the proposed noise levels will not adversely affect the health and safety of any person; It also seems that we have a conflict here with what the HDC are saying as this except taken from /www.hurunui.govt.nz/assets/Documents/District%20Plan/1-107%20Environmental%20Quality.pdf implies ……… Adverse effects 17 Duty to avoid, remedy, or mitigate adverse effects (1)Every person has a duty to avoid, remedy, or mitigate any adverse effect on the environment arising from an activity carried on by or on behalf of the person, whether or not the activity is carried on in accordance with— o (a)any of sections 10, 10A, 10B, and 20A; or o (b)a national environmental standard, a rule, a resource consent, or a designation. Protection & enhancement of environmental quality ―Environmental quality‖ refers to the character and condition of the District‘s environment which influences people‘s attitudes about the community as a place to live in and enjoy. The purpose of the Act (section 5) provides for the protection and enhancement of environmental quality by directing that natural and physical resources be managed in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety. Sections 7(c) and (f) also require that particular regard be had to the maintenance and enhancement of amenity values and the quality of the environment. Environmental quality is affected by tangible things such as landscapes, buildings, air, water and soil. It is also affected by intangible things such as the social and cultural aspects of our environment, and a community‘s sense of place. Poor levels of environmental quality, such as air pollution, litter, badly designed buildings, inadequate open space and overly dense settlement can degrade the quality of life. Hurunui enjoys high standards of environmental quality which should be preserved and protected. The aim is therefore to sustain the existing high level of environmental quality in the District by protecting those amenity values and aspects of the environment which are presently of excellent standard, and to enhance those aspects which are not currently at an acceptable level. The key issues for the District in relation to protecting and enhancing environmental quality are: (a) The quality of life for residents in the District is dependent on a number of aspects about our environment which, together, contribute to that quality – without adequate management to maintain or enhance a level of amenity appropriate to each area, the environmental quality of the District could be reduced. (b) Proximity of residential activities to certain intensive land uses – in particular, hard rock quarrying, sewage treatment, and intensive farming – can lead to either adverse effects on residential activity, or ―reverse sensitivity‖ effects producing complaints and constraints around economically beneficial land uses. Issue 10 – Environmental amenity The particular issue of the District relating to environmental amenity is that inappropriate development or inadequate protection could reduce the District‘s high standard of environmental amenity. There are many factors that contribute to environmental health or the level of amenity (those aspects of the environment which enhance it or make it more pleasant) within the District: lack of pollution, the design of buildings, the amount of open space, privacy, sunlight, landscaping and visual quality. Environmental amenity can also be linked to features within our environment such as important public places, parks and reserves. Activities which can adversely affect the quality of the environment or the health and safety of people need to be controlled without unduly constraining the rights of individuals to use their own properties. Other factors which have a significant impact on environmental health and amenity values include ambient (surrounding) noise levels and air quality (dust and odour nuisance). Environmental amenity varies across the District according to a combination of factors, including differing levels of existing amenity and differing levels of acceptability to the local community. The rural environment has characteristics and amenity values that differ from the acceptable amenity 60 Management strategy – Part 1 Last amended 12/06/2012 values in urban areas. In rural areas, the environment is both a working resource, in terms of land based activities such as farming, forestry and other rural industries, and a living environment for its residents. Some intensive land uses have effects that can be seldom wholly internalized on the site. These include hard rock quarrying, intensive farming, sewage treatment facilities, or vineyards in the Waipara Winegrowing Area. Intensive land uses can have significant adverse effects on residential activities. ―Reverse sensitivity‖ issues can also arise. The term ―reverse sensitivity‖ refers to the effects of the existence of sensitive activities on other activities in their vicinity, particularly by leading to restraints in the carrying on of those activities. This is of particular concern where rural and/or residential dwellers move to sites close to intensive land uses such as quarries and mines or the Waipara Winegrowing Area and seek to place restraints on the existing lawfully established activity. The District Plan seeks to minimise all of these factors and to promote a high level of environmental amenity within the District by way of appropriately managing the use, development and protection of natural and physical resources. Objective 10 A healthy and safe environment within the District and maintenance and/or enhancement of amenity values which the community wishes to protect. Policies Policy 10.1 To foster environmental health for the wellbeing of the District‘s residents. Explanation The environment must be maintained in such a way that people’s health is not adversely affected by land use activities. : – District Plan rules including environmental standards relating to transportation, utilities, and environmental amenity (refer to the rules in Section A1 – Environmental Amenity A5 – Transportation and A6 – Utilities, and Rule B1.2.6) – Use of Council‘s other powers and functions for protecting and enhancing environmental health and quality – Inter-agency consultation and advocacy at the regional and national level Council has a range of powers and responsibilities through other legislation for maintaining and enhancing the District‘s environmental health and quality, which supplement its powers under the Resource Management Act. Coordination with other agencies with responsibilities in this area of environmental management is also required Policy 10.5 To avoid, remedy or mitigate the adverse effects of activities on amenity values. 10.5b– Work with landowners and land users and relevant organisations to promote sound land use practices to avoid, remedy or mitigate adverse effects of land use on amenity values – Explanation The level of amenity in the District is important to the quality of life enjoyed by people living and working in the area. Amenity values which may be adversely affected by activities include: the standard of air quality, building design, the adequacy and distribution of open spaces, privacy, access to sunlight, peace and tranquility The management approach of the District Plan focuses on the amenities identified by the community as being most important. In most cases environmental standards in the Plan can be applied as the most effective method to protect those amenities. Where thresholds cannot be met, the resource consent process shall be used to demonstrate that an activity will not be detrimental to the level of environmental amenity considered acceptable for a particular site, or to ensure that environmental compensation is provided in exchange for a reduction in amenity. For example, an activity which generates noise above the level identified as being acceptable may be permitted if mitigation measures such as extra tree plantings are implemented Noise standards to protect residential areas in particular from noisy activities – Standards to provide for temporary activities which may generate more than minor adverse environmental effects (for example, building construction), but where such effects are normally tolerated by the community because: 064 Management strategy – Part 1 Last amended 12/06/2012 – the activity provides a special service or fulfils a necessary function – the activity is a one-off or infrequent event – the effect is only of a short-term duration Policy 10.6 To manage intensive land uses so that: (a) The activity avoids or mitigates cross-boundary adverse effects on amenity values; (b) A separation between those activities and residential type activities is maintained in most cases; (c) The continued use and development of existing productive rural land uses is not unreasonably inhibited. Policy 10.6(a) To avoid reverse sensitivity effects, residential activities should not locate close to intensive land use (y property was one of the first in the area in 1860 and I have lived there 20 years before this new to the area farmer came in a caused all this disturbance so there is now way reverse sensitivity comes into this scenario!) Policy 10.6(a) To avoid reverse sensitivity effects, residential activities should not locate close to intensive land uses. Methods Policies 10.6 and 10.6(a) shall be implemented through: – District Plan rules including standards for separation distances between residential activities and other potentially incompatible activities – Resource consent decision-making consistent with the above policy – Monitoring the effects of intensification of rural land uses – On-going education about potential effects with landowners and other relevant groups – Promotion of the development and use of guidelines and industry codes of practice in managing effects of rural use – District Plan changes Explanation Policies 10.6 and 10.6(a) address two situations. The first is the extent to which the environment should be protected from the adverse effects of particular intensive uses. Hard rock quarrying, intensive farming and sewage facility operators are expected to make all reasonable efforts to contain the adverse effects of their activities on site. What is reasonable depends on careful consideration of the practicality and economics of the mitigation measures available. But due to the special nature of those activities, those reasonable efforts are unlikely to internalize all effects. Quarrying and mining, for example, generally creates adverse traffic, dust, noise, vibration and visual effects that are more than minor. All reasonably practical mitigation measures intended to internalize the effects may still fail to stop those effects from being experienced outside the boundary of the property. Those effects are experienced most acutely in residential areas The adverse effects of hard rock quarrying include blasting, noise, vibration, and explosive sounds of rocks being crushed. These effects are generally qualitatively worse than the effects of mining that is limited to sand extraction activities. The separation distance from residential areas for hard rock quarrying should generally be greater than that required for sand and gravel extraction activities.(and this should aply to bird canons) A method to implement these policies is a Plan rule that requires, as a permitted activity standard, a separation distance between residential and other activities that are known to be potentially environmentally incompatible. This requirement acts as a threshold, which, if it cannot be met, will trigger a resource consent application for the siting of the proposed residence or other specified activities. The decision making process will provide a means of assessing the potential for adverse effects on either activity, and determining appropriate standards through conditions. Another method is to assess such issues in making decisions on the creation of new lots adjacent to potentially environmentally incompatible activities.( This is what has happened in the Waimak Swananoa area with new lifestyle blocks coming into contact with large landowners crops) Policy 10.9 To control noise emissions at levels acceptable to the community and where they exceed those levels, generally maintain a separation distance between those noiseemitting activities and sensitive activities. Policy 10.9(a) To provide for frost control fans as part of primary production activities, while avoiding the generation of unnecessary or unreasonably high noise levels. Methods Policies 10.9 and 10.9(a) shall be implemented through: – District Plan rules to provide environmental standards for noise (refer to Rule A1.2.9) – Abatement and enforcement procedures – Research and consultation to determine noise levels in different parts of the District and to establish noise performance standards to protect the environmental quality, within 2 years of the Plan becoming operative Explanation Noise (including vibration) is a significant health and environmental issue, and an important facet in the District‘s level of amenity. Noise emissions which are acceptable to the general public are those levels which do not conflict with normal daily activities, including sleep. Occasional noise is tolerated at much higher levels than is continuous noise. The Resource Management Act requires that the emission of noise from premises does not exceed a reasonable level. Council has the responsibility for the control of emissions of noise and the mitigation of the effects of noise in the District, although the Regional Council has some limited responsibility, specifically in the coastal marine area. The most effective method is to implement performance standards by way of the District Plan rules. Such standards are based on community derived values, rather than individuals‘ perceptions. For example, the emission of noise from activities which have a legitimate function in an area, such as tractor noise in a farming area, noise from agricultural activities which are of limited duration, such as seasonal harvesting, or noise from motor vehicles using roads, may be deemed to be ―acceptable‖. Conversely, noise from activities which provide little benefit to an area or which is not an accepted part of the character and functioning of an area can be considered to be unacceptable. Therefore, certain activities will be exempt from the noise limits. Noise limits will be less restrictive during the day and become more restrictive at night. Noise controls within the rural area will apply in proximity of rural dwellings by utilising the notional boundary approach. The notional boundary is defined as a line 20 metres from the facade of any rural dwelling or the legal boundary where this is closer to the dwelling. All other activities shall be conducted so as to ensure that they do not exceed noise limits at, or outside the legal boundary. Activities which exceed noise limits will require resource consent. The New Zealand Standard for Environmental Sound (NZS 6802:1991) ―Assessment of Environmental Sound‖ provides a reasonable basis for assessment of most environmental noise and promotes the use of up-to-date information on local levels of intrusive sounds and background noise before deciding on the specific standards for the District. The setting of noise performance standards specifically designed for Hurunui District will require further research and consultation. Until this is undertaken, noise limits are based on the guidelines in NZS 6802:1991. This Standard outlines the desirable upper limit of exposure to environmental noise for the reasonable protection of community health and amenity. Measurement of sound is to be in accordance with the provisions of NZS 6801:1991 ―Measurement of Sound‖ Quarries within the District regularly use explosives to extract their materials. The New Zealand standard for the storage, handling, and use of explosives NZS 4403:1976, recognises the need for controls on noise levels of blasting near to buildings and structures, and in particular the vibrations which are caused. As people can be extremely sensitive to vibration, New Zealand standards have been set with a bias towards comfort. Limits are included on over-pressure and vibration. However, airblast over pressure limits in the Plan are based on the revised limits recommended by ANZEC now the Australian and New Zealand Environment and Conservation Council. The noise (including vibration) emitted by quarries and mines and some other activities ( and you can add gas canons here) does at times exceed levels acceptable to the community even if it is below the standards referred to above Some machines and devices used in primary production activities have the potential to generate noise levels which can create a nuisance to residential activities in the rural area. Bird scaring devices and frost control fans are two forms of equipment used by primary producers to protect crops from damage that can generate significant off-site noise emissions. Generally, these machines and devices are used on a seasonal basis, and therefore have a limited period in which the potentially high noise levels in the rural environment can be expected. Given the important role of primary production and the growing importance of viticulture and horticulture activities to the District, these periods of higher noise levels are appropriate. However, these higher noise levels can conflict with the typically quiet rural environment at night time and early morning. Accordingly, limits are used on the establishment and operation of these machines and devices to ensure the noise levels do not result in unreasonable or unnecessary noise, but not to an extent which diminishes the effectiveness of these devices in serving the purpose for which they are designed. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx All this seems to count for NOTHING in the case of these Gas Guns!!!!!!!!!!!!! So WHY are they still allowed or is all the above just hot air? It is not only the Hurunui and Waimakariri Councils that are getting reports of gas guns being a nuisance and people wanting them banned Marlborough District Council is warning all vineyard owners not to shoot gas guns at night to scare off birds.Seddon resident Eric Driver complained to the council that he was becoming increasingly frustrated as gas guns, were being fired in the middle of the night in breach of council bylaws.The guns are used to scare away starlings and other birds that feed on grapes.Council by-laws state gas guns are banned from being shot between the hours of 8pm and 7am (during daylight savings).Mr Driver said vineyards owners in the Awatere Valley who didn't live on site had not changed the timing mechanism on their guns.The guns were being fired every 20 minutes throughout the night, he said."It is very frustrating," he said. "My partner is a light sleeper. When the guns go off she has great difficulty getting back to sleep again."Mr Driver alerted the council's noise control department, but he said they couldn't do anything unless he pinpointed a specific address."This happens year in, year out. We don't know who the vineyard owners are. Trying to triangulate sound is very tough because the Awatere Valley echoes. Council create these by-laws but nobody actually enforces them."I want them banned. There are alternative methods such as netting, which good vineyard owners use. In Wairau a vineyard owner puts small meat bones on the top of yard posts to attract harriers who scare off starlings."A Marlborough District Council spokeswoman said the council asked Wine Marlborough to distribute to their members the rules before bird scaring season each year.The advice had been published in Wine Marlborough's February newsletter, she said."Where a gas gun is going off outside allowed hours and a property is identified by a complainant, the council writes to that property owner to advise them of the complaint and asks them to check their equipment." Again this is too little being done. It is not the councillors who are being kept awake or disturbed all day nor the vineyard owners as they most of the time they don‘t live on site. Action taken on 11th March 2015 After yesterday reaching the end of our tethers it took some serious words to bring about some action. We finally got to speak with South Pacific Seed company who run the growing of the crop in the Hawarden area. (They NEVER return your calls!) They after much heated exchange agreed to turn off TWO of the three guns that are blighting our life. When we said we wanted ALL guns they finally agreed saying they were about to harvest the crop anyway next week. Whilst this was a respite a week early this is not good enough, not a permanent solution and it will be the same again next year!! We have been here before. This time last year we were told that the District Plan could be amended and we duly awaited to be informed WHEN submission could be made. We never heard anymore and of course the noise had abated…. For THAT season. BUT here we are again in the SAME position.. ill health.. exhaustion… District Plan not amended in any way. As we go no action from HDC we are going to take their ineptitude up with the Ombudsman and these gas guns don’t just want regulating they want BANNING New Zealand wide as they are the curse of a LOT of people’s lives and this will get more so if people are allowed to get away with it as more land is turned into arable production countrywide. Hopefully whoever makes the rules for this country will all have a think and do the right thing for NZ. There ARE other bird control methods that are not so ANTI SOCIAL and we DO understand where crop growers are coming from but to be honest the area around us it NOT cropping country nor is it dairy country even with water. The climatic conditions of too hot too cold too wet too dry too windy means this is early country more suited to sheep and beef cattle as has been the tradition for the last 100 years. Intensive farming on this land choose what is not going to work every year and as more climatic variances cause more droughts followed by floods a return to the traditional land use will come to fruition. Our dairying neighbour despite irrigation is this year struggling with the dry conditions which was also another MAJOR factor in the stress that these gas canons posed. It was like living with Russian Roulette… as these devices are known to start fires EVERY bang was a potential source or ignition and that also played on our already frayed nerves. This was especially so as we personally had no water. We only have a bore hole which was all but dry by November and we had used all our stored emergency water that we had saved for fire fighting emergencies to water our stock so it has been an enormous extra potential fire risk worry This needs actioning NOW so that potential crop growers know where they stand before the start of the next growing season which will give them time to find alternative methods of crop protection or find a crop that is not bird affected to grow on their property. There are plenty if they want to go down that road. We are trying to be as fair as we can here but NO ONES LIFE is worth ANY crop and I fear for not only my family’ health but for everyone else that WILL be affected in the future. I am therefore speaking out on behalf of the entire community and indeed New Zealand and for those that can not or dare not and as such have joined a campaigner in the Marlborough area who has the same problem and who set up the Facebook Bird Banger Be Gone page for people to air their views. AS shown today on the news ONE person can make a difference and it only takes one to get out there what everyone is thinking but too afraid to say.(Reference the young man who climbed the Auckland Kauri tree to stop it being chopped down) I sincerely hope that he is not charged with anything. He should be given a medal !! On a totally personal note… I am furious that my mother can no longer live with us and has had to be put into care…. WHY???.. she suffers from Post Traumatic Stress from being bombed in the Second World War in England where she was a nurse tending the troops. She deserves better than this to be chased out of her home with us as she cant stand the banging. That’s NOT right especially as for the whole of the summer Dec through to March she cant even visit us unless it is before daylight or after dark.!!!! Without people like my father and mother we all would not have the freedom of choice that we enjoy today. However that freedom of choice HAS been taken away. WE cant choose to have a lie in bed in a morning anymore WE cant choose to sit peacefully outside and have an afternoon nap if we so desire. We know a hospice nurse in Marlborough who for years worked nights and TRIED to sleep in the daytime but found it IMPOSSIBLE. I don’t know ANYONE nicer than hospice nurses having just met a lot with my fathers death. This lovely lady is driven to distraction.. you can hear it in her voice that she also it a breaking point We know HOW she feels and this again is still going on for her and her family day in day out and the Marlborough DC wont do a thing for her plus she also has to put up with frost fans droning all night long as well as helicopters spraying up and down the vineyards all night long. CONSTANT NOISE.. Day AND night…. This is enough to drive people to take the law into their own hands and something HAS to be done as until you have experienced this suffering you can NOT understand how it impacts every facet of your lives. I wont be bullied by anyone and I am not afraid of anyone . I will take this to the highest court in the land until we get these Bird Bangers Banned… As an addition to our personal submissions what follows is the feelings of others………. In just a couple of months we have been told by people the following comments most of whom wanted to remain anonymous which we have respected here……… XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX BIRD BANGERS BEGONE THESE GAS CANNONS ARE BEING USED ALL OVER NEW ZEALAND AND ARE MAKING PEOPLES LIFE’S A MISERY. THEY MAY AFFECT YOU NEXT YEAR!! Please HELP us get these banned as there are other methods less anti-social that can be used. We are seeking to get these banned but need those affected or who could be affected in the future to speak out. We understand that a lot want to remain anonymous the interest of neighbourly relations so we have started a group called Bird Bangers Begone and we will be forming an Incorporated Company and under that banner all those who want to have a say can without fear of reprisals Please make any comment you like. You don’t have to put your name you can put your initials or no name if you prefer as we will be typing out all comments to forward with our own personal submission. XXXXXXXXXXXXXXXXXXXXXXXXXXX We have let a local farmer concerned have the opening comment!!!.... If you don't like the country noise and farming - just piss off back to the town.!!! You can guess from whom that came from!!! ( We are NOT townies and were born and brought up in the country so we take the first very rude comment personally which was of course from a farmer with a gas gun!!!......) but what follows is what the rest of the communities that DON’T use a gas cannon have to say) We have lived here for 20 years and this last three years has been a nightmare as we work nights sometimes and bought our farm so we would have peace and quiet in the day to sleep and that’s just NOT possible for the whole of the summer and that’s when we are at our busiest. We are afraid that we might kill someone over this due to lack of sleep as we drive tourists for a living and often drive home through the night from opposite ends of the country having dropped off guests so we need to be able to sleep in the daytime. WE cant be falling asleep at the wheel!!! We had a house in Rangiora where we used to be able to GO to for some sleep but having now sold that this next year if this continues is going to see us more sleep deprived than normal. This is just not on and if our farming practises or even our tourist business made any such continuous noise then we would be shut down by the council. Phil Cooke This noise really affects me as having just driven upwards of 600 kms through the night I need to be able to sleep in the daytime and now that is not possible due to the incessant bangs that jar you awake.. that’s IF you managed to fall asleep in the few seconds between these bangs! I am also upset that for the whole for the summer my mother can’t even visit us as she cant stand the noise as it upsets her. She has PTSD from being bombed in World War 2 in England so she has had to move out into a rest home away from the noise. Sandra Cooke I used to live with my daughter and son in law on their farm but last year I just could not stand the banging all the time from the bird scarers. It makes me jump just so much that it jangles my nerves. I wear a hearing aid so the bangs are amplified and having lived through the Blitz in England it has left me with anxiety and loud noises just upset me so I have had to go to live in a rest home where I can enjoy peace and quiet. I miss being out on the farm in the summer. I used to animal sit whilst my daughter was away so now they have to always be trying to find someone to farm sit when they are away with the adventure tours they do. Marjorie Cotton Yes they drive us nuts!!!!!! We have lived here 10 years and it's the same guy who owns a lot of land. We have complained to noise control and the council when they have gone through the night but they don't seem to care. The owners do not live on the land, just farm it. A & G H It scares my two dogs so much that if they are outside when the guns start they scratch and bang at the house or garage doors to get inside and they wont go out until the noise stops.. which can be quite late at night in summer. It is not fair that the dogs have to suffer like this and be locked in the house when they could be outside in the fresh air. I am at work during the main part of the day thank goodness but we have had quite a few puddles and worse from the dogs on the carpets because of this damned noise. It is worse at weekends of course when we are at home and it also sets off other dogs barking which then set of more dogs barking so it is continual noise of one sort or the other. We cant complain about the other people‘s dogs barking as they are only barking because of the guns going off. We don‘t have the barking problem in the winter as we don‘t have the guns going off then but summer is terrible you cant sit outside in the sunshine as it is just too noisy. These guns should be stopped as surely in this day and age there are better methods especially in an area where people live. T. D.R. We are told because we live in the country we are supposed to put up with the noise from gas guns as with many other practices conducted by farmers. We are then told if we don't like this type of activity we should not live in the country. The countryside is part of the heritage of our country and as such its beauty and viability is appreciated and maintained by many of us who are not a part of the farming community. We have lived at our present address for 35 years. We have managed our garden so that it is a suitable and sustainable sanctuary for birds and wild life. Unfortunately, mainly I believe, due to modern methods of farming, including the use of gas guns, the bird population has decreased considerably. T C. I work on a farm close to these guns and it is terrible. It blasts your ears all day everyday and I am glad to go home at the end of the day and be away from the noise. CM Yes I also work on a farm that is over 3 kms away from where the guns are sited and the noise is terrible. Talk about the peace and quiet of the countryside!!! On quiet days it is worse and it makes you all on edge and on windy days depending on the wind direction it is either quieter or MUCH louder and should not be allowed. I feel sorry for the people that live there at least I can go home to Sefton at the end of the day and I only work a couple of days a week. If I lived there all the day it would drive you crazy!! MK It does not bother me. MZ It bothers me and the kids and especially when one of them is sick and trying to sleep during the day RZ Whilst it does not affect us where we live it is only a matter of time before more irrigated land sees more of these machines. I contract in the area and hear these damned guns and I am glad that I can go home to get away from the noise which drives you mad.. and that’s from someone who operates a tractor thumping in posts!! I wear ear defenders and can still hear the canons going off all the time WB I can no longer take my kids horse riding along Costellos Road as the bangs are so loud and close to the road that it frightens the horses. Yet another instance of an incomer to the area stopping us from doing what we have done for years. Not on. B.B I am a regular visitor, and due to the inconsiderate use of these gas guns by surrounding farmers, the place is like a War Zone for the majority of the summer months. I’d be happier even more if I could enjoy the countryside without inconsiderate farmers causing such a highly stressful noise nuisance to their neighbours. Ban the use of gas powered "cannons" used by farmers, Other bird deterrents are available and should be used instead. These guns make living in rural areas a misery They are affecting the use and enjoyment of our homes. We cannot sit outside in the summer, instead we have to remain indoors with the windows closed but even that doesn't drown out the bangs which often start at 4.30 to 5 in the morning and go on dusk which in the summer months can be 9 or10pm The government needs to ban these devices as current guidelines are unacceptable and ignored and we're written by farmers!!!!! You can call them human scarers , in my house it makes me jump and our birds in the garden too ,the famer makes sure they not near him . FARMERS are a law unto themselves, and it seems they care not for wildlife or their neighbourly relations Dreadful noise all day 7 days a week dawn until dusk Scaring humans, dogs and other animals. Like a canon going off every 15 minutes. . The farmers that don't use them, don't seem to be losing crops anymore than those that do. As for the code of practice, written by farmers for farmers. We have lived rurally for the last 35 years, and this year its the worst that it has ever been. District Council are useless all they can do is make the landowners aware of the noise issue; these contraptions are about as effective as the proverbial chocolate teapot but still the ignorant farmers use them I agree it`s disgusting. I moved to the country because it is supposed to be wildlife friendly, and purchased bird tables and feeders only to have the birds obliterated from sight due to this horrendous noise, which goes off all the time, 7 days a week, 10 times in 40 minutes! It wakes you up in the morning and doesn`t let up all day. They should be banned .Council are a bunch of jobsworths who will do NOTHING. Find the gas gun, cut the pipe off and throw the bu**ger in the nearest muddy ditch. Anyone that uses these devices is an antisocial, selfish pr*ck who hates their neighbours. Our lives are made a misery by the use of these devices, we have one opposite our house going off every ten minutes from 6.am-9.pm seven days a week. We are now into our eighth week. The farmer lives miles away so is not disturbed. No one should have to put up with this. Codes of practice are out of date. Currently these devices are causing distress and I am not able function at work safely from extreme tiredness as I work nights and therefore sleep during the day. The impact of these guns is enormous. I have recently complained to the council office but nothing will come of it I know. My complaint is that the farmer is not complying as they go off from 06:00hrs to 21:00 hrs and 60 times an hour approx. They cause ill health to people and should be banned for a number of reasons. Farmers will not abide by their own guidelines. These gas guns are making people's lives a living hell. Does anyone know if there has ever been a farmer prosecuted for using gas guns ? (Sandi Cooke) Have been blighted by gas-guns since September 2012-every 15 minutes, 2 of them, every single day. weekends, too; poor little dog is now terrified of stepping out of the front door! Councils next to useless. Refused to investigate Sunday noise because they couldn't work out where the bangs were coming from! Our main problem is that not enough people are willing to phone to complain.. I go onto the paddock where the offending bird scarer is operating and cut the gas pipe At worst it's petty vandalism. It will take months to get to court IF you are caught or identified. You could easily do this several times before the owner can get a court order sorted out. Woke up this morning at 6am by gas bird scarer. Contacted the farmer who lives 10 kms away. Our conversation was very amicable and he sent a farm worker out to hopefully change the timer on the scarer to go off later in the morning. Will see how it works out. The scarers should be banned there is far too much noise pollution already Please ban these awful machines that affect the health of us humans and animals or bring in a law restricting the use to certain hours so that we all can get enough noise free hours of sleep Useless devices and the only way we can stop this is by getting residents where we live to understand what they are and how the are blighting our lives - most people are naive to it and don't know what they are! in the Hawarden area some though it was someone out shooting rabbits all the time !! These things are a damned nuisance. One was recently set up and it can be heard over 2 kms away People made complaints and all it did was to get the farmer to not use it before 8am. They keep going on about how birds scarers are not illegal, but seem to forget that while legal, there are restrictions to prevent them becoming a statutory nuisance. Keep on tackling the Councils where you live, make them fed up with you.....it does take a lot of time and effort, however, if we all keep the pressure on throughout the Country we WILL SUCCEED But we need A TOTAL BAN of the PROPANE GAS CANNON/GUN.....BUT YOU HAVE TO KEEP COMPLAINING..... The Councils and their Environmental Health Teams are suppose to be safeguarding people from harm within the Environment in which they reside. Whether it's physiological or psychological, they are both of equal importance for the human body to function harmoniously The Councils should update themselves on Propane Gas Cannons/Guns and the detrimental affects they have on health and well being of so many people across the whole country Totally agree: disturbing the quiet enjoyment of rural life with loud explosions, from dusk until dawn There has to be a better way of keeping birds off the crops. Councils are powerless, lets ban these things They are "the bane of peoples lives" Daybreak can be as early as 4.30am I would suggest therefore you (the council‘s noise officer and an acoustic measuring device company) come out to monitor then when it is all quiet and you will hear HOW noisy they are at this time in a morning because again today it has been the same, incessant from daybreak, this is not acceptable behaviour by the land owner…If it was someone playing loud music at this time of the day, affecting other citizens this would soon be stomped on by the authorities. It can only be viewed that when a Gas Gun is going off this frequently, this device is being used as a tool of antagonism, and not a supposed Bird Scaring tool. Gas Guns are being put in place to supposedly scare away pests, and when some are deployed they are left unattended for months on end with no let up of the Noise/unwanted sound. Gas Guns lose their effectiveness within days of being deployed. Unfortunately there have been many folk made very ill by these Gas Cannons/Guns over the last few years, and many many of these folk have lived in these rural areas that are affected, for 40yrs or more, or all their lives….the noise saturation/pollution from these devices is immense in many areas now, (in small areas) and has increased in the last ten years, in the height of the summer this can quate to 5500 shots in daylight hours, it is like living in a war zone… Tell the bloody council..Apologies… but if you and your team find the idea of Safeguarding Citizens Health and Well Being offensive then you are in the wrong job and policy needs to be amended to ban the use of these TOTALLY as there are many other noiseless methods available now as to many Citizens, this has caused much ill health and sorrow, caused nervous breakdowns, broke apart marriages/partnerships, and caused failure to sell properties Just wanted to say how pleased I am to come across your Facebook page. We have been plagued by gas propelled scarers for a few years now.The farmers seem to have no respect at all for us residents and I now view our local farmers as hooligans rather than my old view of them as caretakers of the countryside. We are woken every morning anywhere from 4.30 to 7am by a cacophany of booms in all directions. The week isn't so bad as I am at work all day elsewhere but the weekend especially Sundays is just awful. I haven't had a lie in for months! Nothing will happen as you cannot complain as you have to live with the people causing the noise, and the miserable life they give they can always make it a lot worse out of spite by adding more guns than needed. What can be done?? Not a lot I suspect in terms of getting rid of these useless and sleep-shattering devices Previous studies have shown that starlings will learn within a matter of hours to ignore even relatively elaborate bird scarers - these devices never do what a real predator would, they don't actually chase the birds or present any other signs of danger, so the birds quickly learn to ignore them." John Key would not put up with this if it was near him and nor should we I agree …..that Sian Elias lives up the Hurunui doesn’t she? I bet SHE would not stand for this sort of racket in her back yard. No way not in HER backyard so no not OURS either!!! We looked at buying a property locally Masons Flat for a luxury bed and breakfast but were put off by the constant bangings going somewhere nearby. Who would want to come for a luxury stay in peace and quiet in the summer months when that noise is ongoing. Shame because the property was just what we were looking for. I feel sorry for the sellers as they wont be able to sell it whilst ever that noise is ricocheting around the basin The bird scarers going off are more like the dinner gong ringing as it alerts birds to a feast nearby and after a few days of watching and waiting the birds ignore the guns and carry on anyway so they become ineffective so what is the point as the only things being deprived are the locals of their peace and quiet. Other countryside users that are affected badly by these guns are horse riders.. This is some of what they had to say.. From the horse riders A local rider was riding a young horse and a bird scarer suddenly exploded several times causing the horse to take fright, unseat the rider and bolt on to a road were the horse was in collision with a car. Sadly the horse was so seriously injured that it had to be put down. The rider was injured, the car damaged beyond repair and the car driver also injured. The rider was not aware that there was a gas gun bird scarer as it was hidden behind a hedge These devices can cause accidents and need to be banned The one next to our paddock is driving us all mad - except the pigeons who ignore it!! I don't think they actually work on scaring birds just innocent passers by! We passed one that was sited about 10 metres from the road I was riding along. My horse spooked, reared and bucked me off. I suffered a fractured spine. Where I used to keep my horse, there was one very silly farmer put a gas gun almost right next to the road, with the gun bit pointing at the road. At the time I pointed it out and said to one of my friends, if that goes off and scares someones horse, and they do some damage, they could be in real trouble with the law In my opinion Gas Gun Bird Scarers cause a danger to horse riders. Having had to endure several Gas Gun Bird Scarers going off from 8.00 a.m. until 9.00 p.m. all over the Christmas period I phoned two of the local landowners/farmers and calmly explained the problems they were causing to me and asked them to do something about them. Sadly neither of them did anything. I am unable to use our local roads because of bird scarers being placed very close to them and I do not want my young horse to take fright and us to have an accident. I have got every right to use these public rights of ways and these bird scarers are being used to intimidate me and prevent me from using them. There is a new generation of gas guns which are far more powerful than those used previously. And people believe they are much too anti social, even in a sparse populated area as they "couldn't stand the racket" My horses are very much used to gunshots -, but this had them panicking in their paddocks The latest generation of Gas Gun Bird Scarer have a greater sound output by 68db and a very much wider frequency range being dispelled from them when they explode. They can also be set to an arbitary exploding sequence which means it is impossible to determine when they will explode and how many times they will explode at a time. One of the local farmers has one and the explosion actually broke one of my windows. You may say in that case TRAIN your horses to accept such noises. Well as a horse owner for over 50 years I can tell you ANY sudden noise choose HOW WELL the horse is trained will spook them and elicit their flight response. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX