Local Nuisance and Litter Control

Local nuisance is described in the Act as being any adverse impact on the amenity value of an area, which unreasonably interferes with, or is likely to unreasonably interfere with, the enjoyment of that area by people in that area.

Some common examples of activities that may be considered a local nuisance include:

• noise emanating from fixed and non-fixed domestic machines such as air conditioner compressor, swimming pool pumps, lawnmowers and power tools
• dust and activity noise from development and construction sites – building or maintenance and repair work
• smoky wood heaters.

Local nuisance within the community can also be caused by insanitary conditions such as filthy or neglected premises that present a risk of rodent infestation or emit offensive odours or material. It can also be caused by unsightly conditions on premises caused by human activity or a failure to act on those type of conditions.

When will the Council consider an Exemption

The Act allows the Council to consider the granting of an exemption from local nuisance-causing activities upon application.

Exemptions may be reasonable for short-term activities such as concerts, events or major construction activities, where some level of dust or other local nuisance is likely to be unavoidable.

Exemption conditions

The Council can apply strict conditions to ensure that an applicant does everything reasonable to minimise the impact of the nuisance.

An exemption by the Council may be unconditional or subject to conditions, including (but not limited to) conditions relating to:

• the permitted times or periods of time for carrying on the activity
• the manner of carrying on the activity.

A declaration for exemption by the Council has effect from the date specified in the declaration and remains in force according to its terms for a period not exceeding 3 months, or until revoked by the council. The council may, by further notice in writing, vary or revoke a declaration it has made.

Any declarations of exemption currently in place will be published below.

1. Complete the Local Nuisance Exemption Application Form

To seek an exemption from Section 18 of the Act (Causing Local Nuisance) complete the Local Nuisance Exemption Application Form and lodge it with the Council. You will need to attach a Site Nuisance Management Plan to your Application.

Download: Local Nuisance Exemption Application Form

2. Complete a Site Nuisance Management Plan

The Site Nuisance Management Plan needs to describe the steps that will be taken to prevent, minimise or address any adverse effects on the amenity value of the area concerned. The Plan should also demonstrate that exceptional circumstances exist to justify the granting of an exemption.

A list of the information that is required as part of the Nuisance Management Plan is contained in the Local Nuisance Exemption Application Form.

Declarations of exemptions currently in place are published below.

Exemptions