Major construction initiatives

Community Amenity Local Law 2023, Clause 52(2) states that construction works in our city can only occur:

• Monday to Friday 7 am to 6 pm (excluding public holidays)
• Saturday 9 am to 5 pm

Builders cannot work outside of these times unless they are granted an Out of Hours Permit. The permit-holder must provide a minimum of 2 business days written notification to the occupants of all adjacent and affected premises within a 25m radius of the location of works. If a notification list has been provided, all addresses must also be included, and a copy of that notification must be forwarded to officers as confirmation. 

Builders must still comply with the relevant management measures for: 

• stormwater management
• protection of the environment and vegetation
• site access and access roads
• excavations
• stockpiles and batters
• noise control
• waste management
• contaminated soil
• requirements for outside the site 

The permit does not override the requirements of the Environment Protection Act regulations and penalties, which continue to apply. Noise outside the requirements of the Environment Protection Act Schedule is not authorised under this permit.

Failure to obtain a permit or comply with the permit conditions may result in an infringement.

When a builder applies for an Out of Hours Permit, they must provide their reasons for requiring one. Officers must consider each request and reach a decision.

Clause 52(2) of the Community Amenity Local Law 2023 outlines the below decision-making criteria:
 
In determining whether to grant a permit, Council must have regard to:
(a) the nature of the proposed works;
(b) the time and circumstances in which the works will be carried out;
(c) the likely volume, intensity, and duration of the noise levels that will be emitted by the proposed works;
(d) any previous applications made or permits granted to that person, including any complaints made in respect of such permits;
(e) any potential precautions or conditions which could be taken to prevent the emission of noise that is clearly audible and detrimental to the amenity of any surrounding:
(f) residential premises outside the permitted hours and in particular before 9.00am Saturday and 10.00am Sunday; and / or
(g) non-residential premises outside the permitted hours and in particular at business critical times to any business operating from those premises;
(h) any issues of community safety and amenity;
(i) the need for the provision of reasonable notice to residents and occupiers of non-residential premises.
(j) Council must not grant a permit for a builder to carry out building works on a day that is an appointed public holiday under the Public Holidays Act 1993

If you think that work is being conducted without an Out of Hours Permit, you can lodge a complaint using me of the below methods:

• Log a service request through our website at My Port Phillip
• Log a service request through Snap Send Solve on your mobile phone, and
• Call 9209 6777 and one of our ASSIST officers will log a request on your behalf. 

Our contact center is open Monday to Friday, 8.30 am to 5 pm. You'll speak with our after-hours service if you call outside of these times. If your request requires urgent attention, our team will be notified. 

If you have any questions or concerns about a construction site, we encourage you to contact the builder directly. Often a direct and open line of communication is the best way to work through any issues you might experience.

The Local Laws (2023) requires builders to ensure they are:

• keeping noise to a minimum
• managing waste and dust
• keeping roads clean
• protecting stormwater pits from sediment and waste
• ensuring nature strips, trees and other public assets are safe from avoidable damage

You can contact Council if you have concerns about the below the below:

• Unreasonable levels of noise or vibration
• Unreasonable amounts of dust or pollution
• Difficulty finding on-street parking
• Excessive or noncompliant road closures
• Failure to keep roads clean or dispose of waste properly
• Damage to nature strips, trees and other public assets

Some matters are outside of Council's jurisdiction and are managed by other governing bodies. Below are some examples of other concerns you might experience and contact details for the relevant governing body.

Failure to comply with building site requirements is a fine of 1018.00, outlined by Community Amenity Local Law 2023, Part 8, Division 2, Schedule 1 and the Victorian Government’s indexation of fees and penalties.

In some circumstances, Local Laws can also prosecute the directors and company of any business that continues to receive multiple infringements without changing behaviour.