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What is noise nuisance?
Noise is generally accepted as being any sound that a person doesn’t want hear, with the result that it becomes a nuisance to an individual. Local noise nuisance can originate from a number of different residential, commercial or industrial sources such as:
Living near commercial or industrial premises can create extra noise in the neighbourhood. Although some noise may be unavoidable, it can often be controlled using improved work practices and other mitigation options.
In the first instance, a person should try and discuss concerns with the people (e.g. neighbours) from where the nuisance is coming from, as they may not be aware that they are causing a nuisance. Concerns should be raised and discussed, and suggestions provided to resolve problems - simple solutions can often be found that satisfy everyone.
The City of Marion will only become involved if an issue within the community (e.g. between neighbours) cannot be resolved or if the nuisance is a broad-scale issue involving multiple parties.
An authorised officer, when determining whether noise is a nuisance must, in forming their opinion, take into account the following:
In the case of fixed machine noise (e.g. air conditioner, pool pump) generated on domestic premises, that the noise has travelled from the domestic premises to a habitable room, or an outdoor courtyard or entertainment area, on neighbouring premises; or
In the case of noise other than fixed machine noise generated on domestic premises, that the noise has travelled from the domestic premises to neighbouring premises between the hours of:
In the case of construction noise, that the noise has travelled from the location of the construction activity to neighbouring premises:
In the case of waste collection noise, that the noise has travelled from the place at which it was generated to neighbouring premises:
In the case of noise from a street or tree maintenance machine being used in a public place, that the noise has travelled from the public place to neighbouring premises:
In all cases, it must be taken in to account if the level, nature or extent of the noise (including its volume, pitch, vibrational frequency, prevalence or frequency of occurrence) is such as to constitute an unreasonable interference with the enjoyment of the neighbouring premises by persons occupying those premises.
In Schedule 1 of the Act, there are a number of circumstances declared not to be a nuisance. In the case of noise, this includes (but is not limited to):
Council can grant an exemption from local nuisance-causing activities upon application. Exemptions may be reasonable for short-term activities - such as festivals, events or major construction activities - where some level of noise, dust, odour or other local nuisance is likely to be unavoidable.
Applications must, however, be accompanied by a nuisance management plan describing the steps that will be taken to prevent, minimise or address any adverse effects on the amenity value of the area concerned and also describing the exceptional circumstances that exist to justify the granting of an exemption.
Please contact the Community Safety Team for more information.
Applicant: Scentre Group
Exemption Location: Westfield Marion Tower Oaklands Park
Exemption Number: 20317820
Date of Exemption: Tuesday 31 March 2020 to Sunday 5 April 2020 from 7.00pm to 7.00am
The Activity: Setting up and removal of louvers from the tower at Westfield Marion
This includes noisy parties, loud music, etc. Concerns regarding people noise should be directed to the Police on 131 444.
A police officer will attend and make a subjective assessment of the level of noise, taking into account factors such as the time of day, the background noise level, and other factors.
If a nuisance is coming from an industrial premises, it may be a site that is licensed by the Environment Protection Authority (EPA) and therefore not within the Council’s jurisdiction. These matters can be referred directly to the EPA.
Further information can be found at the Local Government Association website.
For further information, please contact:
City of Marion
Community Health and Safety
In person: 245 Sturt Road, Sturt SA 5047
Post: PO Box 21, Oaklands Park SA 5046
In person: Level 8, 250 Victoria Square, Adelaide SA 5000
Post: GPO Box 2607, Adelaide SA 5001