Marrickville Council - Carrington Rd Overdevelopment

This information is being delivered to those residents I think are particularly affected by noise from the construction site. If you have the resources and would like to pass this information on please do so. The complete document attatched contains additional info (extracts) on NSW noise regulations/acts and guidelines.

Dear Neighbour,

Following conversations with neighbours and given the noise output from the construction on Carrington Road I have extracted key information from the various regulations/acts and guidelines applicable. If you are at all concerned about the noise situation please take the time to read this through, I realise it is lengthy (sorry, but it really is a summary!) but it will provide you with an insight into the disregard of the developer, failure/ responsibilities of council and your rights. It also sheds light on just how much of industry best practice has been "overlooked" and indicates that noise management practises should be implemented. I have also provided contact details for the relevant authorities regarding complaints.

There was significant community opposition to the general size of "The Carrington Center" development, proposed location of the entry/exits to the site and consequential traffic impacts. Dissatisfied with council the developer chose to take his case to The Land and Environment Court. Little if any argument regarding noise from the site was raised during this adversarial process. Consequentially the court approved the proposal with little amendment, and zero noise mitigation measures were imposed. Marrickville council has appointed a Private Certifier, (Vic Lilly) to take on the role of council with regard to enforcement of the D.A. and compliance with all relevant codes, legislation etc.

Endeavoring to find out just how much noise residents are expected to endure without recourse, I contacted DECCA (Dept of Environment and Climate Change

NSW). I asked whether in the absence of specific noise control measures applied to the D.A. by the court, is there still a responsibility for the developer to follow "The Guidelines" and for the "Authority" to regulate accordingly. Their answer was "That they would expect so". DECCA do not have jurisdiction over this construction, however they do set down guidelines for other authorities such as councils. When I explained the size, proximity to residences and operating hours and total lack of mitigating measures to them they seemed concerned and urged me to complain to the P.C./council.

This area as you well know is already noise affected (Airport, aeroplane, train, trucks, traffic, industrial etc.). Marrickville council did not require the developer undertake a noise impact study with the D.A. I have spoken with a council compliance officer who indicated that Council does not have the resources to undertake noise measurement readings. This is a poor excuse in avoidance of their responsibilities.

Registering a complaint with council is the only way any noise mitigation measures may be implemented. If there are no registered objections to practices on the site now then expect the construction noise to continue for months. Following this expect noise even earlier because approval has been given to future businesses to commence work from 6am Monday to Saturday. Council will not police this. Registering your objection now will encourage council to be prudent in their consideration of what kind of businesses are established there and compel them to address the current disregard of the developers activities.

Some councils have set down more considerate operating hours such as Hurstville who state:
"Time restrictions for work
1.Monday to Friday: 7am to 6pm.
2.Saturday: 8am to 1pm if audible on residential premises, otherwise 7am to 1pm."

Given the proximity to residences the developer has been granted favourable operating hours i.e. 7am till 6pm Monday through Saturday (see recommended standard hours below). Despite this breaches still occur. Delivering equipment etc. to the site outside approved hours of operation is also a breach of their D.A. Anyone who believes a breach has occurred is also encouraged report it to either Vic Lilly or council.

The protocol for registering a complaint is to contact either the site supervisor, Vic Lilly or council directly. Vic Lilly has a website but it is not geared for citizens, rather for prompting their services so you need to either email info@viclilly.com.au. or:

Re:"The Carrington Center" 49 Carrington Road Marrickville.
Marrickville Council: 9335 2222
Citizens' Service Centre 2-14 Fisher Street, Petersham NSW 2049 Hours: 8:30am - 5pm | Monday - Friday
Council Online Complaint/Compliment Form: http://www.marrickville.nsw.gov.au/getinvolved/yourfeedback/councilservi...
Vic Lilly: 97152555 or http://www.viclilli.com.au/

If you have a concern about the conduct of a private certifier You should complain directly to the certifier in the first instance. If you remain concerned, contact the Building Professionals Board. The Ombudsman and, in the case of alleged corruption, the ICAC, also have the power to investigate private certifiers.

Unsatisfactory service or dissatisfaction with council response: Ombudsman Act 1974 Local Government Act 1993 NSW Ombudsman Dept of Local Government 1800 451 524 (02) 4428 4100
OTHERS:
URL of compaint form re airport noise: http://www.airservices.gov.au/ncm/Default.asp
Check Out:http://councilgripe.com (where you will find this posted)
.............................................................................................................................................................

EXTRACTS FROM VARIOUS DOCUMENTS INCLUDING ACTS/REGULATIONS AND GUIDELINES: See Attatchment

AttachmentSize
Carrington Rd Noise Council Obligations - Copy.txt20.17 KB

Comments

carrington road is a designated cycleway by marrickville council though you wouldnt know it .I travel on by bike this way everyday and the condition of the road is not good. The signs to say this is a bike route are faint markings on the road hence cars and the trucks do not realise they are suppose to share the road with bikes.I think when the new development is up and running things will only become worse for the unseen bike rider.
re the noise .I live in Unwins bridge road and we receive the noise from the construction quite clearly

View from the public gallery!!
i just would like to add that the cycleway has not been wholeheartedly supported by all Councillors in marrickville council as i have seen widely reported . the vote on the planned route down carrington road section was deadlocked and the chairperson had to weigh in to sway the vote in favor of the project. 98 percent of residents and business owners (over 800 signatures in a recent petition) do not want a segregated cycleway on carrington road. significant amounts of money were spent by local concerned parties to employ the services of an independant rta consultant to saftey check two other ways that a cycleway could be added to carrington road without any loss of parking and access to businesses on this street. all were rejected by peter olive and his cronies without any due consideration, and i mean completely stonewalled. i was shocked by how inflexible and callous he was when dealing with the matter, not a all what i would have expected from a representative of a forward thinking, considerate party like the greens. i felt very saddened and betrayed by his actions.....(continued)

(continued from above)....i am a strong supporter of conservation and of sensible green polices working alongside and embracing the co-operation of local businesses and residents. this will be very damaging to any future "green" efforts once the support and trust of the local community is lost. the carrington rd industrial strip is an important local small business hub serving the community and beyond. without proper access and parking business will be forced to move elsewhere, people will have to travel farther for goods and services, more congestion, more pollution, more waste...its not hard to understand. we are not against a cycleway as part of the greenway on carrington road, not at all. but i implore you to consider the rta approved shared roadway solutions that have been tabled to marrickville council....its a win-win for all. ta for reading!!...p.

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