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Noise Pollution

 

Noise can affect different people in different ways. What's acceptable to one person may be offensive to another.

Before taking formal steps to complain about noise it is recommended that you take steps to contact your neighbour and work together to reach an appropriate solution.

If your neighbour won't discuss the issue, you can contact Community Justice Centres  for help with free mediation. An independent mediator will help you and your neighbour discuss the matter.

If you are still unable to resolve the issue please contact Council on 02 9911 3555 or via service@lanecove.nsw.gov.au to discuss.

Links

The NSW Environment Protection Authority also has a range of resources available for dealing with noise, whether your complaint relates to your neighbours, alarms or motor vehicles.

Dealing with noise 

Managing noise from intruder alarms 

See below for the current restrictions on types of noise:

Air Conditioners

A person must not cause or permit an air conditioner to be used on residential premises in such a manner that it emits noise that it can be heard within a room in any other residential premises:

  • Before 8:00am or after 10:00pm on any Sunday or Public holiday; or
  • Before 7:00am or after 10:00pm. on any other day.

Changes to Construction Work Days Order

On 30 July 2021, the NSW Minister for Planning and Public Spaces signed a new Order, the Environmental Planning and Assessment (COVID-19 Development—Construction Work Days) Order (No 3) 2021 (Order), which allows construction works to occur Saturdays, Sundays and public holidays.

The carrying out of building work or work, or the demolition of a building or work, on a Saturday, Sunday or public holiday is development specified under the Order. The conditions specified for the development are that it must—

(a) be the subject of a development consent

(b) comply with all conditions of the development consent other than any condition that restricts the hours of work or operation on a Saturday, Sunday or public holiday

(c) be carried out on a Saturday, Sunday or public holiday during the hours of work or operation specified for a weekday in the development consent

(d) not involve the carrying out of rock breaking, rock hammering, sheet piling, pile driving or similar activities during the hours of work or operation that would not be permitted but for this Order, and

(e) take all feasible and reasonable measures to minimise noise

The above is an excerpt from the Order - visit the NSW Department of Planning, Industry and Environment website for full details.

While the Order extends the days construction work can occur, the industry will still need to adhere to any requirements specified in any orders made under the Public Health Act 2010. If there is an inconsistency between this Order and a public health order, the public health order prevails.

Council normally imposes the following standard condition on Development Applications in relation to general building works and varies it only if express permission is obtained:

Houses and Commercial - please note the below information is impacted by the Changes to Construction Work Days Order above

All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:

  • Monday to Friday (inclusive) - 7:00am to 5:30pm
  • Saturday - 7:00am to 4:00pm

No work to be carried out on Sundays or any public holidays*.

Multi Unit Developments - please note the below information is impacted by the Changes to Construction Work Days Order above

For all multi unit developments in the Lane Cove area, Council has imposed additional restrictions:

All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted as follows:-

  • Monday to Friday (inclusive) - 7:00am to 5:30pm
  • Saturday - 8:00am to 12noon with no excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken. 

No work to be carried out on Sundays or any public holidays*.

*Please refer to the above update on the NSW Government's COVID-19 construction hours which currently apply.

Music

Loud Music is prohibited between midnight and 8:00am on Friday, Saturday and any day preceding a public holiday. It's restricted from 10:00pm to 8:00am on any other day.

Power Tools including lawnmowers and the like

Use of power tools is prohibited between 8:00pm and 7:00am on weekdays and Saturdays. On Sundays, they are not permitted before 8am and after 8:00pm.

Swimming Pools

A person must not cause or permit a swimming pool pump to be used on residential premises in such a manner that it emits noise that it can be heard within a room in any other residential premises:

  • Before 8:00am. or after 8:00pm on any Sunday or Public holiday; or
  • Before 7:00am or after 8:00pm on any other day.

Vehicles

Excessive vehicular noise is prohibited between 8:00pm and 8:00am on weekends, and 8:00pm and 7:00am on weekdays.

Waste Vehicles

Waste collections are part of the day to day life in Lane Cove. Often waste collection is more efficient when conducted out-of-hours to help improve motorist and pedestrian safety and reduce the impact on traffic flow in and around our area. Waste and recycling collection should however not be causing regular sleep disturbances to residents.

If you are experiencing excessive noise from waste and recycling collections, it is important to identify where the disturbance is coming from.

Concerns regarding excessive noise from residential waste and recycling collection can be raised with Council as we have arrangements in place with our contractor URM to help minimise the impact on residents.

If the excessive noise is coming from collections associated with business/commercial premises you can discuss the issue with the business concerned and let them know you are being affected. If this does not resolve the issue and you consider the noise to be offensive, then you can refer your complaint to Council who can investigate the matter.

Please have the following information ready when you contact us on 9911 3555 or via service@lanecove.nsw.gov.au:

  • name and address of the premises being serviced
  • name of the waste management company
  • the vehicle registration number and any photographs
  • all dates and times of offences

Strata schemes

The Strata Schemes Management Act 1996 sets out a process for resolving disputes. This includes mediation and formal orders by the strata schemes adjudicator and/or the residential tribunal.

Under the Act, each strata must have a set of by-laws. The model by-law concerning noise provides that "an owner or occupier must not make noise at any time within their lot or on common property that is likely to disturb peaceful enjoyment of another resident or anyone using common property". 

The best approach for resolving a noise dispute within a strata scheme is to try to talk to your neighbour first.

You can speak to the owners' corporation or the residential tribunal if that is not successful.

If the noise continues, you can apply for mediation  through the NSW Department of Fair Trading.