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Noise
Services > noise
Council receives many complaints about noise from neighbours in residential areas every year. Before making your complaint to Council you may consider trying to resolve the noise problem between you and your neighbour by other means.
For Example:
- Approach your neighbours yourself. Your neighbours may be unaware of the discomfort they are causing you and may be only too happy to "turn it down."
- Compromise. Negotiate with your neighbour. there may be a time that they can create noise and not interfere with you, or they may be able to adjust noise levels to suit you.
- Informing your Neighbour of Potential Noise Prior to the Event. If you are planning a party your neighbours will appreciate being told about the event before it happens. This gives your neighbours the opportunity to plan to be out on the night of the party, or better still ... invite them!
How to lodge a noise complaint
If, after approaching your neighbours, the noise continues to cause you discomfort and an agreement has not been reached, you can lodge a complaint with Council's Environmental Health Department. All noise complaint's should be made in writing and addressed to:
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Post:
Chief Executive Officer
Attn: Manager, Urban Environment & Control
PO Box 807
FREMANTLE WA 6959 |
In Person:
Service and Information Centre
Ground Floor, Town Hall Centre
8 William Street
FREMANTLE WA 6160 |
In order to process your complaint quickly, the following information should be included in your letter: Your name and address.
- The exact address of the premises where the noise is coming from.
- Any contact you have had with your neighbour about the noise.
- The type of noise (e.g. music, power tools, etc).
- What times of the day or night the noise is a problem.
- How long the noise usually goes for.
What happens next?
Once a written complaint has been received by one of Council's Environmental Health Officers written contact is usually made with the person responsible for the noise. The investigation process may follow a similar course to that outlined below:
- Environmental Health Officer makes contact with the noise producer.
- If the noise problem is resolved then no further action is taken.
- If the noise problem is not resolved then noise measurements are taken from the location where the noise is being received by the complainant.
- Results of the noise level determination is sent to both parties. If the noise is considered excessive under the existing noise regulations the person responsible for the noise will be asked to bring the noise level down to prescribed limits. If the noise is already considered to be at or below the prescribed noise limits then no further action can be taken.
- If the noise has been considered to be excessive and the person responsible for the noise does not, within a set time period, reduce the noise to the acceptable limits a Pollution Abatement Notice (PAN) may be served on the owner or occupier of the premises concerned.
What is a Pollution Abatement Notice (P.A.N.)?
A P.A.N. is a legal document registered on the title of the land that has set conditions. If these conditions are not met penalties can be incurred to a maximum of $50,000 for corporate bodies or $25,000 for an individual. Maximum daily penalties also exist.
Rights of appeal
If you have been served with a Pollution Abatement Notice you have rights of appeal under the Environmental Protection Act 1986.
- Within 21 days of service of a P.A.N. you may appeal to the Minister for the Environment. This appeal must be in writing and set out the grounds for the appeal, however, pending the determination of an appeal the P.A.N. shall continue to have effect.
Further information
If you would like to find more information or require further assistance, please contact our Environmental Health Officers on 9432 9856
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