Offensive Noise Considerations

From the NSW EPA document Noise Guide for Local Government:

Offensive noise considerations

When deciding whether noise is offensive an officer needs to consider the definition of offensive noise in the POEO Act. The following questions are expected to be relevant in helping to make a judgement about whether any noise is offensive noise. Not all of the questions posed need to be answered in the affirmative to indicate offensive noise, but when you are using them as a guide a description of the situation will emerge that should help you in making a decision in regard to the definition.

• Is the noise loud either in an absolute sense or relative to other noise in the area?

• Is the noise well above the background noise level?

• Does the noise include any tones, impulses or fluctuations in volume?

• Does the noise occur at times when unreasonable interference with comfort or repose occurs or is likely? For example, during evenings or at night?

• How often does the noise occur (hourly, daily, monthly)?

• Is the volume, duration or character of the noise typical of the type of activity in question?

• Is the noise affecting or likely to adversely affect people’s activities? For example, conversation, reading, studying, watching TV or sleeping?*

• Is the noise typical of activities conducted in the area?

• Only one person need be affected as described in the definition for a noise to be deemed offensive. However, consideration of how other neighbours exposed to the same level of noise are affected may assist in deciding what course of action is appropriate. Some councils have a policy of requiring a minimum number of complaints from separate individuals before taking formal action.

* Statements should be requested from complainants about the effects the noise is having on them. Where statements help in an officer’s determination of offensive noise then the person giving the statement should be told about the potential need to give evidence in court.