COVID19 Weekend Construction Permitted Again on Saturday and Sunday

Construction noise can be very annoying. With more of us working from home, we can be subjected to construction noise nearly all day. Due to COVID19 orders, construction had been permitted seven days a week (including public holidays).  The order lapsed on 24 December 2021.

On 11 February 2022, the Environmental Planning and Assessment (COVID19 Development – Construction Work Days) Order 2022 was gazetted.  The Order now allows builders and developers to work on Saturday between 8 am and 5.00 pm and to work on Sundays between 9 am and 5 pm (with restrictions on background noise, use of power tools and playing music).

Background

In May 2021, the COVID19 construction rules were revoked with an effective date of 7 June 2021. Residents breathed a sigh of relief; they had one day a week without noise and dust.

On 10 June 2021, the Minister for Planning, Industry and Environment, Mr Stokes, signed another order permitting “inside construction noise” on Sundays.

On 30 July 2021, the Minister for Planning and Public Spaces signed a new Order, the Environmental Planning and Assessment (COVID-19 Development—Construction Work Days) Order (No 3) 2021 (Order), which allows construction works to occur Saturdays, Sundays and public holidays.

However, this Order automatically lapsed on 24 December 2021.

On 11 February 2022, a new construction workdays order was gazetted – it will end on 31 March 2022 (but the government will most likely extend the order again).

Extended construction workdays and hours for development authorised under the Infrastructure Construction Work Days Order and Health Services Facilities Order continues as per their respective orders.

What Are the Construction Hours on a Saturday?

Construction and demolition work can be carried out on a Saturday between 8 am and 5 pm.   It must not involve blasting, rock or line drilling, vibratory rolling, rail tamping, bitumen milling or profiling, jackhammering, rock hammering, rock breaking, impact piling, sheet piling, pile driving or similar activities, unless the activity is permitted under a development application.

The order also states that the person carrying out the construction or demolition must have taken all steps to reduce the noise.

What are the Construction Hours on a Sunday?

Work may be carried out before 9 am or after 5 pm.  It must not involve blasting, rock or line drilling, vibratory rolling, rail tamping, bitumen milling or profiling, jackhammering, rock breaking, impact piling, sheet piling, pile driving or similar activities.

If construction or demolition is being carried out the noise and vibration threshold levels at the site boundary must not exceed 5dB or more.

Construction crews on the site must not use a power tool within the meaning of the Protection of Environment Operations (Noise Control) Regulations 2017, section 51 (that includes battery-operated power tools).

The playing of music from radios or other electronic devices is prohibited.

What Are Lane Cove Council’s Standard Construction Hours?

Houses/Commercial

Lane Cove Council typically imposes the following on Development Applications for general building works.

All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:

• Monday to Friday (inclusive) – 7:00am to 5:30pm
• Saturday – 7:00am to 4:00pm

No work is to be carried out on Sundays or any public holidays.

Apartments

During the construction of the numerous apartments along Mowbray Road, the Lane Cove Council introduced new restrictions for Apartment Developers. In particular, specific construction work is not permitted on Saturdays.

All demolition, building construction work, including earthworks, deliveries of building materials to and from the site is restricted as follows:-

• Monday to Friday (inclusive) – 7:00am to 5:30pm
• Saturday  – 8:00 am to 12noon with no excavation, haulage truck movement, rock picking, sawing, jackhammering or pile driving to be undertaken. 

No work is to be carried out on Sundays or any public holidays.

The above information is from the Lane Cove Council website; however, after submissions from the Stringybark Creek Residents Associations and Lane Cove North residents, Development applications for Multi-Level buildings include the following restriction on high noise-generating activities:

Monday to Friday 7.00 am to 5.30 pm – high noise-generating activities including rock breaking and saw cutting must not be carried out continuously for longer than 3 hours without a 1-hour break.

Note: The noise construction hours includes the delivery of materials. Over the years, In the Cove has been alerted to numerous incidents of vehicles idling outside a development site before the permitted time.

Who Do I Contact If Work is Outside the Permitted Hours?

If work starts before permitted hours or continues after hours or you believe the noise is excessive, you should call the Lane Cove Council on  9911 3555 and ask a Ranger to attend the site (you can contact this number out of business hours).

You can also report noise pollution issues via this online reporting form (however, this will only be actioned during regular working hours).

If you live in Lane Cove North and are part of Willougby City Council, you can contact  Willoughby City Council on 9777 1000 or [email protected].

Local councils are responsible for enforcing the relevant conditions of consent and monitoring compliance with noise restrictions.

State Infrastructure Development

Different rules apply if you live near a construction site like a Metro site. Construction works can take place on Sundays and Public Holidays. You can view the Infrastructure Construction Work Days Order and Health Services Facilities Order on the Department of Planning, Industry and Environment website.