Overview
Fans of The Night Cat can breathe a sigh of relief, as the much-loved Fitzroy live music venue has won its months-long legal battle centred around a soundproofing complaint. As reported in The Age, The Night Cat faced imminent closure after developer C&R Building Pty Ltd sought an enforcement order against the venue, claiming it exceeded permitted noise emission levels.
After the issue went to the Victorian Civil and Administrative Tribunal (VCAT), The Night Cat was compelled to improve its soundproofing standards significantly, facing the risk of closure. Yet when the stand-off came to light earlier this year, it sparked fiery debate in the inner north, mainly because the 10-storey residential and office complex supposedly impacted by the noise had yet to be built.
Faced with the venue's demise, The Night Cat owner Justin Stanford launched a crowdfunding campaign, seeking the $60,000 required for soundproofing upgrades. With the campaign successful, the independent operator installed advanced sound monitoring equipment, implemented a range of sound-limiting strategies and hired expert acousticians to prove the venue was compliant with demands. Now, the VCAT decision has been cancelled after the venue proved it was operating within its permit conditions.
With the venue's noise issues seemingly resolved, Stanford is advocating for lawmakers to tighten the loophole that contributed to The Night Cat's legal concerns. Intended to protect live music venues from noise complaints, the Victorian state government introduced 'agent of change' provisions in 2014, requiring new residential planning proposals to include appropriate noise attenuation measures.
Speaking to The Age, Stanford said lawyers had found ways to exploit a loophole in these provisions, shifting the onus of noise compliance back on the venue. "The [rules are] not protecting us in the way that they used to," he said. "If the laws were effective in protecting venues, we wouldn't have had to do this. The developer would have had to pay for the soundproofing."
While it appears The Night Cat has been successful in its noise fight, it's just the latest in a series of conflicts between developers, residents and live music venues, both in Melbourne and around Australia. In Perth, the Freo.Social is battling against noise complaints from an adjacent hotel — claiming construction is killing culture — while the owner of Sydney's The Great Club shut the live music venue down after an extended noise complaint battle with nearby residents.
The Night Cat remains open at 137-141 Johnston St, Fitzroy.