Reverse sensitivity cases

Here is our take on a few reverse sensitivity scenarios.

Noisy factory

You've bought your student daughter an apartment on the edge of the city centre near the university. There's a printer over the road and sometimes it works all night. This is disturbing her diligent study habits. Are noisy factories allowed to operate so close to apartments?

Answer: Yes, they often are. Many new apartment buildings have been built in areas zoned for industry or commercial activity. While making too much noise is unacceptable, the acceptable threshold is usually louder in these areas than in the suburbs.

No-complaints covenants

You're considering buying a new lifestyle block. The seller, who farms the property, wants to put a covenant on the title preventing his new neighbours from interfering with his farm work. Can he do that?

Answer: Yes. No-complaints covenants are commonly used to protect existing land use. While these covenants are common, they have not yet been tested in Court.

Development near an airport

You've inherited some land near the airport and want to develop short-term accommodation for flight crews. Who could possibly object to that?

Answer: The airport company could. Controls on land use are common near major airports, and they typically restrict residences and accommodation. The airport could make a reverse sensitivity objection. It may help that you plan temporary accommodation and the development is airport-related, but you may have to make other allowances like additional sound-proofing. Your Council will have more advice.

Workshop versus offices

Peter the panel beater has been working from the same site for 23 years. The new owner of the warehouse next door wants to convert it into offices. Peter has recently installed new ventilation gear but is worried that office workers might object to the smells and noise from his workshop. Can he do anything?

Answer: Yes, quite probably. This is a classic reverse sensitivity case. If the office conversion doesn't need consent, Peter should talk to the new owner. Many developers are willing to discuss details that make their development more saleable. If it needs consent then Peter may be able to oppose the development or require design changes that reduce the potential problem, like windows that don't open. He should talk to his local Council for advice.