Construction Noise

Where there is likelihood of annoyance due to noise from construction sites, conditions such as the following may be specified in a development consent:

Time restrictions for work

1. Monday to Friday: 7am to 6pm.
2. Saturday: 8am to 1pm if audible on residential premises, otherwise 7am to 1pm.
3. No construction work to take place on Sundays or Public Holidays.

Level restrictions

1. Construction period of 4 weeks or under.
   The L₁₀ level * measured over a period of not less than 15 minutes when the construction site is in operation must not exceed the background level by more than 20dB(A).
2. Construction period greater than 4 weeks and not exceeding 26 weeks.
   The L₁₀ level * measured over a period of not less than 15 minutes when the construction site is in operation must not exceed the background level by more than 10dB(A).

Depending upon Council's adopted standard conditions and site specific conditions the above types of conditions may or may not be applied to each consent.  To determine the conditions that may apply to any development you need to review the Development Consent or Complying Development Certificate conditions that have been applied to the approval.

Read more about Development Consents and Complying Development Certificates.

Offensive Noise and Noise Abatement Orders

Upon application to the Local Court under section 268 of the Protection of the Environment Opertaions Act 1997 anyone may seek the issue of a niose abatement order to stop offensive noise.

If the Local Court is satisfied (on the balance of probabilities) that the alleged offensive noise exists, or that although abated it is likely to recur on the same premises, the Local Court may make either or both of the following orders:

1. an order directing the respondent to abate the offensive noise within the time specified in the order,
2. an order directing the respondent to prevent a recurrence of the offensive noise.

offensive noise means noise:

1. that, by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances:
   1. is harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted, or
   2. interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted, or
2. that is of a level, nature, character or quality prescribed by the regulations or that is made at a time, or in other circumstances, prescribed by the regulations.

Read more about Construction Noise.