Noise Guide for Local Government

192 Pages·2013·6.61 MB·English

by  Environment Protection Authority

Noise Guide for Local Government
Cover images:
Large: The most common problem for councils is barking dogs. Photo: EPA
Top right: Leaf blowers need to be used in a way that doesn’t cause ‘offensive noise’. Photo: EPA
Centre right: Measuring noise from a commercial site in a residential area. Photo: EPA
Bottom right: Avoid using noisy power tools in a way that could annoy neighbours. Photo: EPA
© 2013 State of NSW and the Environment Protection Authority. The Environment Protection Authority
and State of NSW are pleased to allow this material to be reproduced for educational or non-
commercial purposes in whole or in part, provided the meaning is unchanged and its source, publisher
and authorship are acknowledged. Specific permission is required for the reproduction of photographs
and images.
Published by:
Environment Protection Authority
59 Goulburn Street, Sydney
PO Box A290
Sydney South 1232
Ph: [phone] (switchboard)
Ph: 131 555 (environmental enquiries and publications requests)
Fax: [phone]
TTY users: phone 133 677 then ask for 131 555
Speak and listen users: phone [phone] then ask for 131 555
Email: [email protected]
Website: www.epa.nsw.gov.au
Report pollution and environmental incidents
Environment Line: 131 555 (NSW only) or [email protected]
See also www.epa.nsw.gov.au/pollution
ISBN 978 1 74293 929 2
EPA 2013/0127
May 2013
Printed on recycled paper
Contents
Overview
Part 1 Framework for noise control 1.1
1.1 Introduction 1.2
1.2 Noise complaints 1.2
1.3 Responses to noise 1.5
1.4 Legal framework for noise control 1.6
1.5 Responsible authorities – quick reference guide 1.14
1.6 Useful links 1.37
1.7 References 1.39
Part 2 Noise assessment 2.1
2.1 Assessment of offensive noise 2.2
2.2 Assessing noise with a sound level meter 2.6
2.3 Measuring noise 2.9
2.4 Common sources of noise 2.17
2.5 References 2.18
Part 3 Noise management principles 3.1
3.1 Preventing noise impacts through planning 3.3
3.2 Managing noise 3.11
3.3 Managing specific noise issues 3.16
3.4 Other noise management options 3.16
3.5 Dealing with the community 3.19
3.6 Case studies 3.22
3.7 References 3.34
Part 4 Regulating noise impacts 4.1
4.1 Deciding on a course of action 4.2
4.2 The Protection of the Environment Operations Act 1997 4. 8
4.3 The POEO (Noise Control) Regulation 2008 4.30
4.4 Dealing with warnings and offences 4.44
4.5 Dealing with offences committed by minors 4.46
4.6 References 4.46
Part 5 Appendixes 5.1
Appendix 1 Technical notes 5.2
Appendix 2 Templates for notices 5.6
Appendix 3 Installation of air conditioners, heat pump water heaters,
pool/spa pumps and rain water tank pumps-preventing
noise impacts on neighbouring properties 5.8
Appendix 4 Air conditioner noise 5.20
Appendix 5 Noise from swimming and spa pools 5.24
Part 6 Glossary, Further reading and Index 6.1
Overview
This Noise Guide for Local Government aims to provide practical guidance to council officers in
the day-to-day management of local noise problems and in the interpretation of existing
policy and legislation.
It focuses on how to assess and manage noise issues dealt with by council officers, such as
neighbour-to-neighbour problems and those resulting from commercial or industrial
premises.
Importantly, the Guide is also aimed at planners. It outlines planning considerations that can
have a significant bearing on prevention of future noise problems.
The Guide is advisory in nature, and council officers are encouraged to use it to develop
council procedures or policy to deal with noise issues relevant to local circumstances.
Part 1 — Framework for noise control outlines the legal framework for noise control and the
distribution of responsibility for dealing with noise problems. It includes a quick reference
guide for common neighbourhood noise issues showing which agency is responsible and
how the issue can be both assessed and managed.
Part 2 — Noise assessment describes the key noise assessment procedures that council
officers may use when deciding whether noise is a problem. These cover the audibility test,
duration of noise test for intruder alarms and the offensive noise test. Advice is also provided
on procedures for assessing noise using a sound level meter and when this may be needed to
determine if noise is offensive or intrusive.
Part 3 — Noise management principles describes how current planning instruments and
policies can prevent noise problems from occurring. Mitigation strategies are described that
can prevent or minimise noise impacts.
Part 4 — Regulating noise impacts identifies the statutory processes that are available to
avoid or control noise.
Case studies appear in Parts 2, 3 and 4. They describe typical situations and show how
assessment, management and regulatory tools can be used to help control common noise
problems.
Part 5 — Appendixes provide technical notes that can assist in measuring noise levels and
assessing noise impacts. The appendixes also include templates for issuing Noise Abatement
Directions and warning notices under the POEO (Noise Control) Regulation 2008. They also
refer to the Guide to Notices on the Environment Protection Authority (EPA) website where
additional templates are available. This Part also includes guidance on noise control when
installing air conditioners, heat pumps, swimming pool and spa pool pumps, and rainwater
tank pumps.
Part 6 has a list of further reading and a glossary that explains commonly used terms.
Specific guidance material on noise management for industrial noise, road traffic noise and
construction noise is in the following documents.
The NSW Industrial Noise Policy — is specifically aimed at large industrial developments, but
also provides guidance on measuring and assessing noise from small commercial and
industrial premises regulated by councils. The EPA has commenced a review of this policy.
NSW Road Noise Policy – criteria for assessing road traffic noise from road developments
with the aim of promoting the consideration of noise pollution impacts early in the planning
of new roads and freeways.
The Interim Construction Noise Guideline describes how noise impact assessment can be
done for construction sites, how sites can be managed to minimise noise and how
compliance with approved conditions can be determined.
The Environmental Noise Control Manual previously published by the EPA does not
contain current information on noise management and should not be used or relied upon. It
has been superseded by the above policy documents and this Guide. Current noise policies
are available at www.epa.nsw.gov.au/noise/index.htm
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Part 1 Framework for noise control rk
Part 1 Framework for noise control
Part 2 Noise assessment
Part 3 Noise management principles
Part 4 Regulating noise impacts
Part 5 Appendixes
Part 6 Glossary, Further reading and Index
Part 1 Framework for noise control
1.1 Introduction 1.2
1.2 Noise complaints 1.2
1.3 Responses to noise 1.5
1.4 Legal framework for noise control 1.6
1.4.1 NSW Office of Liquor, Gaming and Racing 1.9
1.4.2 Strata schemes 1.11
1.4.3 The NSW Ombudsman 1.13
1.4.4 The Community Justice Centre 1.14
1.5 Responsible authorities – quick reference guide 1.14
1.6 Useful links 1.37
NSW Government 1.37
Other government organisations 1.38
Non government organisations 1.39
Australian standards and codes 1.39
1.7 References 1.39
Part 1: Framework for noise control 1.1
Part 1 Framework for noise control
1.1 Introduction
Noise pollution can be defined as unwanted noise that unreasonably intrudes on daily
activities. In urban areas, noise pollution has many sources, most of which are associated with
urban living: road, rail and air transport; industrial noise; and neighbourhood and recreational
noise. The level of annoyance or discomfort depends on the type, timing, duration and
frequency of noise or if the disturbance is out of the ordinary. Noise pollution can have
negative impacts on the quality of life and health, and needs to be addressed in planning and
pollution control strategies.
The impact of noise on human health has emerged as an increasingly significant issue that
justifies considerable management effort. The Guidelines for Community Noise (WHO 1999)
and The Health Effects of Environmental Noise – Other than Hearing Loss (enHealth Council
2004) identify the significant health effects of exposure to environmental noise.
This implies that access to quiet areas would be beneficial to health. This was confirmed in a
study by Gidlof-Gunnarsson & Ohrstrom in 2007 which showed that access to quiet green
areas, such as parks and reserves, reduced noise annoyance and stress-related psychological
symptoms. These findings reinforce the need for judicious planning of residential
developments as the pressures of population growth and greater urban density increase our
exposure to various forms of unwanted noise.
Neighbourhood noise is a serious environmental amenity issue that affects many in the
community and noise nuisance can escalate into serious confrontations within
neighbourhoods. Management of these issues results in resource intensive compliance
activities by enforcement agencies.
In NSW, local councils, NSW Police, Roads and Maritime Services (RMS) and the Environment
Protection Authority (EPA) receive and manage complaints about noise. The aim of the Noise
Guide for Local Government is to help councils assess, manage and regulate noise issues.
Subsection 1.5 in this part of the guide provides a summary of how commonly occurring
noise issues can be dealt with by councils or other regulatory authorities, and it directs the
reader to the sections of the Noise Guide that contain further detail.
1.2 Noise complaints
Many councils have data on the number and type of noise related calls received, but
information is not available on the total number of calls received by all 152 councils in NSW.
The EPA and NSW Police also have information on the number and type of calls they receive.
Some of the available data is provided below.
Calls to Environment Line
In 2008–09, Environment Line received 1480 noise incident reports accounting for 21% of all
incident calls. Of these noise incident reports, 77% were about activities that are regulated by
the EPA. In addition, the agency dealt with 1411 noisy vehicle incidents. There were also 4985
requests for information about noise issues to Environment Line or 8% of all information calls
received.
1.2 Noise Guide for Local Government 2013
Figure 1.1: Environment Line incident calls, 2008–09
Other 1.7%
Pesticides 4%
Native Veg 7% Water 17.6%
Noise 21%
Air 8%
Chemicals 8.7%
Odour 32%
Source: NSW Department of Environment, Climate Change and Water data 2009
Calls to NSW Police
NSW Police record all calls received within the computer dispatch system (NSW PoliceCAD).
Table 1.1 shows the number of noise and alarm incidents recorded on PoliceCAD in 2008 and
the number attended by police. These complaints were initially reported as noise complaints,
however, they may be the result of other activities (e.g. building alarm as a result of a break-in
and enter).
Table 1.1: Number of noise and alarm incidents recorded and attended 2008
Type of incident Recorded on PoliceCAD
Noise complaint 100,273 (65%)
Alarm (vehicle and/or building) 55,087 (35%)
Total 155,360
Source: NSW Police Data 2009
Part 1: Framework for noise control 1.3