Out of hours construction approval

Council aims to manage construction works to minimise noise by communicating and cooperating with those involved in, or affected by, construction noise. It does this by monitoring and regulating noise from building work and construction sites. 

It is the responsibility of developers, builders and contractors to ensure noise impacts on nearby properties are minimal, and that construction hours or building work times are complied with. If it is necessary to conduct construction activities outside of the prescribed hours of 6.30am to 6.30pm Monday to Saturday, operators can apply to Council for an out of hours construction approval.

Eligibility

To be eligible for an out of hours construction approval:

1. There must be a legitimate reason the construction works cannot be undertaken during the prescribed daytime or evening hours (6.30am to 6.30pm Monday to Saturday).  Such reasons might include pedestrian or worker safety, health or traffic impacts, and construction constraints; and
2. There must be a condition stipulated on a Council development approval that requires the applicant to notify or obtain approval from Council for proposed out of hours construction works.

If both of these requirements are not met, Council cannot accept an out of hours construction application, meaning construction activities must be conducted during the prescribed hours in accordance with the Environmental Protection Act 1994 (EP Act).

When considering an application, Council will take into account the time and circumstances in which the work will be carried out and the volume, intensity and duration of the noise levels that will be emitted by the proposed work. Noise includes airborne, ground-borne, vibration and blasting. 

Exemptions

There are some circumstances when an approval for out of hours work will not be required. These include government activities and public infrastructure works including:

• maintaining a public road, State-controlled road, railway or other public transport infrastructure
• maintaining a public infrastructure facility, including for water, sewerage, telecommunications or electricity
• performing a function under the Disaster Management Act 2003; or
• Queensland Government or Council preventing, removing, or reducing risk to public health under the Public Health Act 2005.

For more information about exemptions please refer to the Environmental Protection Act 1994.

Public notification

If you are granted an out of hours construction approval, you are required to conduct public notification before the works commence. It is recommended that notification:

• be carried out a minimum of five (5) business days before the works are proposed to start; and
• include affected properties and uses located within a 100m radius of the construction site.

You must also keep a record of the notification you undertake.

Application and approval

When planning your application, it is important to consider:

• Out of hours approvals will not be issued for public holidays.
• Carrying out construction works out of hours without approval may result in an infringement notice being issued, which may include a monetary penalty.
• Only the works specified in the out of hours approval are allowed to be undertaken during the permitted times.
• The approval does not override the requirements of the EP Act. Further noise emitted outside the requirements of the EP Act are not authorised under this approval.
• Due to the potential impact on sensitive uses, high noise-generating activities will not be permitted during the night-time period of 10pm to 6.30am. It is considered that such activities are more suitable during the daytime/early evening periods. Activities that generate a high level of noise include:
  • jack-hammering
  • demolition
  • blasting
  • pile driving
  • concrete/bitumen cutting
  • metal or pipe cutting
  • rock breaking.

How to apply

To submit an application, complete Council’s Out of Hours Construction Permit [PDF, 1.0MB].

To support your application, you will need to submit a:

• site-specific Construction Noise Management Plan;
• copy of the notification letter that will be provided to premises/residents who are likely to be affected, which must include:
  • after hours contact name and phone number for a company representative;
  • date and times the construction activities will take place; and
  • type of construction activity to take place.

Once you have submitted all required information, Council will assess your application and provide a decision within 10 business days.

Fees and charges

For relevant fees, refer to the operational works section of Council's register of fees.

Other permits

Ensure all other relevant permits have been obtained from Council, and any relevant Queensland Government or utility agencies, including:

• Road Opening Permit
• Traffic, Police Permit or Department of Transport and Main Roads
• Energex
• Telstra.

More information

For assistance with your application or for more information, contact Redland City Council.