Planning application at 8 Yarrara Road, Pymble, NSW
March 26, 2017, 12:08 p.m.
This Child Care centre has been approved.
I've called and asked what noise limits are placed on the development and got something vague about it being assessed. The assessor wouldn't say what was assessed, only that somebody had looked at it and said it met council guidelines.
The ambient noise reading was taken at the front of the property 41 (dBA). They have used that figure as the baseline for *all* boundaries and added another 5 dBA for noise generated by children and put that as the new limit.
Further along in the report, they note that the ambient noise as the rear of the property (screened by the building) is 36dBA. This value should have been used as the base value for the properties at the rear of the development. (see table 3-7), page 19.
They have measured the ambient noise at the front of the property, not at the rear or the boundary of any sensitive receivers and claimed that the ambient noise level for all receivers is 41dB(A). Many of the receivers do not face Yarrara road.
As per the DCP for child care centres.
Where a child care centre is to be located on a site adjoining a residential property, noise generated by the centre must not be more than 5dB(A) above the ambient (L90) background noise level, as measured at any point on the adjoining residential property."
Once again, table 3-7, page 19 shows the predicted ambient noise at the eastern outdoor play area is 36dB(A). This would be all houses in R5 (all houses on Livingstone avenue), plus 4 Yarrara road that is on the battle axe. Also, R4 and R3 houses will receive significantly more abient noise that the +5dB(A).
The noise criterion for any houses along the eastern boundary should be 36dB(A) + 5db(A) = 41dB(A).
======================================================== When I questioned these numbers, it was not up for debate and has been assessed.
I was told that if we are not happy, we would have to get our noise report and take it to the Land and Environment Court.
Given that the development is going to generate significant noise and the report is been written up to be most favourable to the applicant, then we are stuck on our own. 46dbA average ambient noise, with peaks for over 100dBA is not pleasant.
We need to get our own ambient noise report, as the existing one is biased and written to deceive readers.
They couldn't tell me who/what I need contact in council to make ongoing EPA noise breaches. They said I would need my own noise monitoring equipment (these cost $6000 each) or pay for my own consultants to come in and write up a report ($1600). Then take my new report to the land and environment court and challenge both the council and the developer.
I called council and asked for the department that looks after noise complaints. Was told by Anne that there is no department that looks after this and there is no way of controlling noise from kids... If you move next to a school, expect noise. Except I didn't move next to a school, it was built without any effective way of controlling the environment....
This doesn't feel that it's a system that protects individuals or their own property/environment.