NSW Construction Noise Act Guidelines - Carrington Rd Dev

If you are a local Marrickville resident concerned about the noise from 49 Carrington Road you're in the right place. Please leave any comments/suggestions/requests/feedback and a note if you have or will be registering a complaint in this thread. The info referred to in the flyer is attached in this thread as it is relevent for N.S.W. generally. Thankyou for your support.

If you're in the unenviable position of having a major construction on your doorstep you might find this information useful and time saving. Being in this position myself I set about researching various regulations/acts and guidelines applicable to construction noise in an effort to discover whether the enormous amount of noise I'm being forced to endure is legal.

My circumstances: A $4mil (approx..) 27 factory industrial complex with cafe is being constructed in Marrickville, Sydney on the former Holden then later PYE manufacturing site. The area is considered "light industrial" On one boundary all that separates the site from residences is a storm water drain. Basically the lot is about 20 meters from my door.

The developer applied to Marrickville council but after significant community opposition and discontent at council's minor requirements (to have the two entry/exit points located on a larger RTA road rather than the two residential streets) the developer chose to appeal to The Land and Environment Court.

Where a developer appeals to The Land and Environment Court and the court upholds their appeal council cannot amend the D.A.. Developers often amend aspects of their proposal between council's denial and appearance in court, effectively bypassing the prerequisite community consultation process. Decisions made by
the court are final, there is no right of appeal, even when changes have been made. For an interesting insight into the operations of The Land and Environment Court go here:http://www.lawlink.nsw.gov.au/lawlink/legislation_policy/ll_lpd.nsf/vwFiles/LECminority_report.pdf/$file/LECminority_report.pdf

There was probably no mention of noise management in the case when heard by the court, consequentially no noise requirement was imposed. From my understanding, not withstanding any specific requirement on a D.A. developers are still required to comply with all other relevant codes and guidelines.

For a development of this size many councils would require a Noise Impact Statement with the D.A., Marrickville did not. With or without this, given the proximity to residences, unknown business activities of the 27 units and N.S.W. regulations, in my opinion council should have required at least the establishment of noise mitigation measures e.g. a wall for the construction stage. Council have powers to regulate even more as you will see attached.

In this case Marrickville council appointed (contracted) a Private Certifier who takes on the responsibilities of, among other things, ensuring compliance with the D.A. and all other relevant building codes, legislation etc. This does not however absolve council of its responsibilities since the P.C. reports back to council.

A couple of tips:
Some councils will have their own noise measurement equipment, Marrickville does not. As a citizen you can engage an acoustic consultant at your own expense to identify noise levels.

The D.A. will identify approved operating hours which may or may not fall within the recommended standard hours. Commencing early, working late and delivering equipment to site outside approved hours are breaches of the D.A. and fines apply.

There's plenty of documents on the net for you to wade through for more specifics on noise management, measurement, controls and regulations etc. But as an overview I have extracted some key information. It is directly lifted from the original document. This is only an overview and I recommend you read the original documents for a more complete understanding. I have provided a reference as to where this information was sourced along with other useful references.

I am not a lawyer and have drawn my own understanding from the documents referenced. You should seek independent legal advice where necessary.

• Marrickville Council
• Not Fixed
• Compliance