Noise can affect different people in different ways. What's acceptable to one person may be offensive to another.
Report:Noise pollution
Restricted Times
In residential areas, restrictions apply to the use of certain items where the noise from them is audible within a habitable room of another residence during the restricted times, with or without windows or doors open. The restricted times are:
Power tools and swimming/spa pool pumps restrictions:
- Sunday or public holidays: before 8 am or after 8 pm
- Any other day: before 7 am or after 8 pm
Musical instruments and electrically-amplified sound equipment restrictions:
- Friday, Saturday or day immediately before a public holiday: before 8 am and after midnight
- Any other day: before 8 am and after 10 pm
Air-conditioners and heat pump water heaters restrictions:
- Saturday, Sunday or public holiday: before 8 am or after 10 pm
- Any other day: before 7 am or after 10 pm.
When is noise considered offensive?
No specific offensive noise level is specified in legislation. Whether a particular noise is offensive is determined by a subjective assessment by an authorised officer of the council, and based on the following factors:
- its level, nature, character or quality, or the time at which it is made, or any other circumstances
- whether it's harmful (or is likely to be harmful) to a person who's outside the premises from which it's emitted
- whether it interferes unreasonably (or is likely to interfere unreasonably) with the comfort or repose of a person who's outside the premises from which it's emitted.
The NSW Office of Environment & Heritage Noise Guide for Local Government recognises that any noise from a noise source that exceeds five decibels [dB(A)] above the background level may be offensive. The background noise level is measured without the problem noise source occurring and excluding unrelated noise such as traffic or rail noise. The background level will vary depending on the time of day and the location of the property. Tthe minimum background level used in noise assessment is 30 dB(A).
What can be done about loud noise?
If noise from a particular source is a problem for you, you have several options:
- First, try to solve the problem amicably by talking to whoever is causing the noise. Often people don't realise they're being noisy and are happy to work with you to solve the problem. Instead of involving the council, this approach also helps to maintain good relations with your neighbour.
- If the noise continues, you can contact a Community Justice Centre to try and arrange mediation with your neighbour. These are government-funded but independent centres that specialise in settling differences between neighbours without entering into complicated legal processes.
- If your neighbour doesn't wish to attend mediation or the noise continues, you can report the details of your problem to the council. The council's Environmental Health Officers will investigate any noise-related issues and assess the noise against the existing background noise level. If the noise is considered offensive, the officer will take appropriate action to have the noise reduced to an acceptable level.
- Please note that complaints about barking dogs are considered differently to other noise complaints.
- Regardless of any council action, you can seek a noise abatement order through the chamber magistrate in your local court. If the court is satisfied that the neighbour is causing an offensive noise or that the noise is likely to recur, it may order them to stop the noise or prevent a recurrence.
What do I need to know about buying an air-conditioner or heat pump hot water system?
Before purchasing an air conditioner or a heat pump water heater, protect your investment and buy one that won't cause a noise nuisance to your neighbours. Even if you've been told that it complies with the Protection of the Environment Operations Act 1997 requirements, that doesn't mean it's going to suit every location all the time.
Locating the unit close to a common boundary adjacent to your neighbour's dwelling is likely to cause a noise problem to your neighbour that may result in the council becoming involved, and you having to either reduce the impact of the sound or relocate the unit, both of which can be expensive.
Council approval
You need council approval to install an air-conditioning unit, unless it meets the exempt development criteria specified in the Sutherland Shire Local Environmental Plan 2006.
How can I be sure it won't be noisy?
Each air-conditioning unit or heat pump hot water system will have a 'sound power level' provided in its manufacturers specification or on a label attached to the equipment. You can use an online noise calculator to determine if a unit is suitable for your chosen location. Enter the site specific details for your location and the calculator will provide maximum sound power levels for operation both at night and during the day. Compare these levels with those for the unit you are assessing. If the levels exceed the calculator levels the unit may create a noise nuisance to your neighbour. The calculator is a guide only and it is advisable to discuss your situation with the installer or manufacturer prior to purchase.
Contact Details
Environmental Health Officers
Phone 02 9710 0202.