Construction sites

At any time, there are multiple active construction sites across the Waverley LGA. Whilst the impact on local amenities can be considered disruptive at times, this is only a temporary consequence of construction.

After the Development Application (DA) or Complying Development Certificate (CDC) has been approved, the sites must be built in accordance with the conditions of consent. These conditions are imposed to ensure that the construction process does not adversely impact the local community.

Council’s role

Council does not oversee and control all construction activities. Construction approval and activity including ongoing monitoring and compliance is mainly the responsibility of Building Certifiers, also known as accredited or Principal Certifiers (PC). In Waverley, most developments are overseen by private PCs appointed by the developer or property owner. Council can also act as a PC if appointed.

The Principal Certifier is responsible for monitoring development and responding to complaints from the public. Council will also respond and act if there are serious impacts to the public.

The following are some common complaints that arise regarding construction sites:

  • Damage to adjoining properties
  • Construction noise generated outside of the permitted operating hours
  • Dust generation and pollution
  • Obstruction of roads or footpaths by construction vehicles
  • Concerns about temporary structures like hoarding fences
  • Unsafe work practices
  • Inappropriate behaviour of workers on a construction site
  • Trespassing or encroaching on Council or adjoining land

More information on these matters is included below.

Making a complaint

If a resident believes that the construction site is operating outside its Conditions of Consent, they should:

  1. Contact the Principal Certifier (PC) first. Explain the issue, noting the time/dates it occurred and provide images/videos if possible. The PCs contact details will be located on the façade of the construction site. If the contact details cannot be located, contact Council to request the details.
  2. If the Principal Certifier does not respond, contact Council. Include all evidence of correspondence (i.e., email and photos/videos) with the PC. Photos/videos that are time stamped assist Council resolve the matter.
  3. In some cases, Council is not the correct escalation authority, such as work safety issues or incidents of damage to adjoining property. See below for more information on who to contact in these cases.

What will happen next?

If the PC has not addressed resident concerns, Council will investigate.

If Council is satisfied there may be an issue, Council will conduct a site inspection and gather any evidence. Council may issue a warning for non-compliance, an order and/or penalties. Council will work with the construction site to ensure it complies with the Conditions of Consent.

Police matters

Some issues concerning trespassing, threatening, intimidating or antisocial behaviour must be directed to the NSW Police.

If these are relevant, please contact the Eastern Suburbs Police Area Command.

If the matter is an emergency, call 000.

Council sets limits for different types of development and may require the applicant to prepare a Noise Management Plan.

For more information on the Noise Management Plan, see Conditions of Consent.

Permitted operating hours

Demolition and building work are usually undertaken between:

  • 7am and 5pm on Mondays to Fridays,
  • 8am to 3pm on Saturdays, and
  • no work to be carried out on Sundays and public holidays.

Excavation works involving the use of heavy earth movement equipment, including rock breakers and the like, is usually undertaken between:

  • 7am and 5pm on Mondays to Fridays,
  • no such work to be carried out on Saturday, Sunday or a public holiday.

It is a breach of the Conditions of Consent to conduct work outside of the permitted operating hours. If this occurs, contact the Principal Certifier whose details will be noted at the site on the signage board. If they fail to respond, Lodge a Request with Council to investigate, including records of the breach.

For some construction sites, a Construction Traffic Management Plan or a CTMP is required. The CTMP will outline how the traffic will be managed during the demolition, excavation and construction phases of the project.

For more information about CTMPs, see Conditions of Consent.

If there is a traffic issue, contact the Principal Certifier whose details will be noted at the site on the signage board. If they fail to respond, Lodge a Request with Council to investigate, including records of the breach.

Temporary structures like hoarding fences are typically required to isolate the construction site and provide adequate protection and safety to the public.

A significant aspect of temporary structures in terms of public access and amenity, is the impact that these structures can have on pedestrian movement, motor vehicles and bicycle usage and associated public safety in the vicinity of a worksite. There are Hoarding and Scaffolding Guidelines that outline what is acceptable.

If a temporary structure is causing an access issue that is unreasonable, contact the Principal Certifier whose details will be noted at the site on the signage board. If they fail to respond, Lodge a Request with Council to investigate, including records of the breach.

If a resident believes that a construction site is causing damage to private property, they should notify the builder and/or Principal Certifier immediately. Keep records of the damage, such as videos and photos, dating all evidence. If conversations with the builder and/or Principal Certifier are verbal, ensure they are followed up in writing.

If the matter cannot be resolved, residents can escalate the matter to NSW Fair Trading. Call NSW Fair Trading on 13 32 20 or lodge a complaint on their website.

For more information on resolving building disputes, please visit the NSW Fair Trading website.

All construction sites must adhere to health and safety standards when carrying out work and must comply with the Work Health and Safety Act 2011 (WHS Act) and Work Health and Safety Regulation 2017 (WHS Regulation).

If there is evidence of a breach of work, health and safety standards, contact SafeWork NSW.

If construction work is causing damage to Council’s vegetation or public land, residents can Lodge a Request for Council to investigate.

Council’s Compliance Officers have the power to monitor and act in relation to damage from the construction site such site spills, dust or sediment.

Run-off from worksites such as mud, sand and soil have serious environmental impacts, if appropriate controls are not in place. If sediment is not controlled, it can enter the stormwater drainage system and can impact local beaches.

Builders and contractors are responsible for implementing strategies and measures to prevent soil erosion and sediment moving off building sites. It is a standard condition of consent that a Soil and Water Management Plan be prepared for any building site (unless otherwise advised by Council), with the Plan to be implemented prior to commencement of any works or activities on the site. A copy of the Plan must be kept on the site at all times and be available to Council Officers on request.

If there is poor sediment control on a construction site or construction appears to be causing erosion, residents can Lodge a Request for Council to investigate. Keep records of the matter, such as videos and photos.

  
 

Fact sheet: Erosion and Sediment Control

A permit is required to stand a skip bin / container / storage unit on a public road. See Applications and certificates.

Construction sites can have large areas of soil disturbance and open space from which wind can pick up dust particles.

Sites need to control this, such as through misting water to contain dust. If there is poor dust containment, residents can Lodge a Request for Council to investigate.

Removal of asbestos must be done in accordance with Council’s Asbestos Policy. For more information about safe asbestos removal, see the Asbestos Awareness and Australian Government websites.