Fact Sheet - Noise from Building Works - DOC

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NOISE FROM BUILDING WORKS

Control of noise

The purpose of noise control is to balance the expectations of residents for amenity in the local environment with the rights people going about their lawful business.

Control of noise from building work is governed by:

Council’s Local Law made under the Local Government Act

 the Environment Protection (Residential Noise) Regulations made under the

Environment Protection Act.

Council is primarily responsible for enforcing the above.

Residential Sites

Council officers or the police can determine that any noise from a residential premises is unreasonable taking into account the circumstances. In establishing what is acceptable, regard is taken of the Environment Protection (Residential Noise) Regulations. These contain a schedule of times during which use of equipment is deemed unreasonable

(except in an emergency) if noise can be heard in a habitable room in any other residential premises. Refer overleaf for the table of times.

Non-Residential Sites

Noise associated with building work at non-residential premises (commercial, industrial, retail etc) is not covered by EPA regulations. In its place Clause 702 of the Local Law contains a schedule of times* which reflect identical controls to the EPA residential noise regulations.

Noise from Activities over Streets

Clause 715 of the Local Law controls building activities over or across roads and Council land. Again, prohibited times are consistent with the standards of the EPA noise regulations with the exception that no prescribed activity over a street or Council land is allowed on a Sunday, on Christmas Day, Good Friday or ANZAC Day unless authorised by a Council permit or the consent of an authorised officer.

Complaints

Complaints can be made in writing, e-mail (council@stonnington.vic.gov.au) or telephone to Council’s Building & Local Law Services (8290 3251). Complaints should include the address of the offending property and times at which the alleged offence is occurring.

Council’s Local Laws Officers may attend after hours, including weekends, to investigate complaints.

Dealing with Breaches

Generally, any person found in breach of EPA or Local Law requirements will be directed to abate the noise and prevent further breaches. Non-compliance with such a request may result in fines being issued.

Where can I get Advice?

City of Stonnington General Enquiries + After Hours Options

Environment Protection Authority

8290 1333

(office hours) 9695 2722

Prahran Police

Malvern Police

9520 5200

9822 2487.

Prohibited Activities (Noise)

Residential and Non-Residential Land and Buildings

Group Prescribed Items Prohibited Times

1 A motor vehicle (except a vehicle moving in or out of premises), lawn mower or other grass cutting device and any equipment or appliance not falling within

Group 2 having an internal combustion engine.

Monday to Friday before 7am and after 8pm

Weekends and public holidays before 9am and after 8pm

2 An electric power tool, chain or circular saw, gas or air compressor, pneumatic power tool, hammer and any other impacting tool or grinding equipment.

4

5

A musical instrument and any electrical amplified sound reproducing equipment including a stereo, radio, television and public address system.

Any electric equipment or appliance not falling within Group 2 or Group 4, including electric gardening equipment.

Monday to Friday before 7am and after 8pm

Weekends and public holidays before 9am and after 8pm

Monday to Thursday before 7am and after 10pm

Friday before 7am and after 11pm

Saturday and public holidays before 9am and after 11pm

Sunday before 9am and after 10pm

Monday to Friday before 7am and after 8pm

Weekends and public holidays before 9am and after 8pm

Building activities over streets and public land

Prohibited Times Building Activity

“Building Activity” includes –

(a) any act or thing done or to be done on, over or across any road or council land for the purpose of or in the course of construction, repair, demolition, pulling down or removal of any building

(b) the erection or removal of any kind of scaffolding and the excavation and carrying away from the premises of earth, soil, clay, rock or material of any kind on, over or across any road or council land

(c) the moving about of any building equipment or material and any rubble, waste or secondhand building materials on, over or across any road or council land

(d) any work or action incidental to the matters referred to in paragraph (a), (b) and (c) conducted on, over or across any road or council land

Monday to Friday before 7am and after 8pm.

Saturday before 9am and after 8pm.

Sunday, Christmas Day, Good

Friday, or ANZAC Day

unless otherwise permitted by

Council

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