Applying to vary (change) or revoke (end) a noise abatement order
If the Local Court made a noise abatement order, you or your neighbour may be able to apply to vary or revoke the order.
Before you apply to vary or revoke a noise abatement order, you should get legal advice. If your application is unsuccessful, it is likely that you will be ordered to pay your neighbours legal costs.
You need to complete an Application Notice to the Local Court – General.
You can get a copy of this form from:
- your nearest Local Court registry, or
- the Forms page on the Local Court of NSW website.
In your form you must state:
- the grounds for your application
- the orders you are asking the Court to make.
Once you have completed your form you must file it at a Local Court registry and pay the filing fee.
You can file your completed form at any Local Court in NSW:
- in person
- by post
- by fax
- by email.
If you file your form by post, fax or email, it won’t be processed until you have paid the filing fee.
If you are experiencing financial hardship, you may be able to apply to have your fee postponed, waived or remitted.
For more information, see Fees on the Local Court of NSW website.
You must serve one stamped copy of the application on your neighbour. You can do this by:
- giving the application to your neighbour in person, or
- leaving the application in the presence of your neighbour, or
- arranging for the sheriff at the court to serve the application, or
- arranging for a private process server to serve the application.
The Court may:
- vary or revoke the order
- dismiss the application.
The Court may vary the order if it is satisfied on the balance of probabilities that:
- the offensive noise exists, or
- the noise is likely to reoccur.
If the order is no longer needed because, for example you have moved, the Court may revoke the order.
Appealing the decision
If the Court doesn’t make a noise abatement order, you may be able to appeal to the NSW Land and Environment Court within 21 days of the date of the decision.
If an order is made, your neighbour may appeal the decision and apply for an order to stay enforcement.
Before you appeal, you should get legal advice. If your appeal is unsuccessful, it is likely you will be ordered to pay your neighbours costs.
You need to complete a Form B Application class 1, 2, 3 (for commencing all class 1, 2 and 3 appeals or applications except those under s56A).
You can get a copy of this form from:
- your nearest court registry, or
- the Forms page on the Land and Environment Court of NSW website.
You need to attach a copy of the Local Courts decision to your application.
You need to file three copies of your application and supporting documents. You can do this:
- in person at the Land and Environment Court’s registry on Level 4, 225 Macquarie Street, Sydney, or
- by post to GPO Box 3565, Sydney, NSW 2001
- at any Local Court registry.
You can find your nearest Local Court registry on the Court locations, listing and sitting arrangements page on the Local Court of NSW website.
You will need to pay a fee when you file your application. For more information, see Schedule of court fees on the Land and Environment Court of NSW website.
If you post your competed form, it won’t be processed until you have paid the filing fee.
You should make a copy of your completed forms before you file them.
When you form has been processed by the registry, it will be stamped with the Court’s seal. The date, time and place for the first directions hearing will be set and written on each copy of your application. The registry will keep one copy of your application and return two copies – one copy is yours and the other is for you to serve on your neighbour.
If your neighbour appeals the making of a noise abatement order, they may apply to stay (stop) enforcement of the order until their appeal is heard. Appealing the decision alone doesn’t stay enforcement of the order.
If the Court makes a stay order, it may include conditions.
Your neighbour must follow the order until it is stayed. If they don’t, they may be committing an offence.
You can request an expedited hearing by filing a Notice of Motion and an affidavit explaining why you want the hearing expedited.
If your neighbour appeals the making of a noise abatement order, they may apply to stay (stop) enforcement of the order until their appeal is heard. Appealing the decision alone doesn’t stay enforcement of the order.
If the Court makes a stay order, it may include conditions.
Your neighbour must follow the order until it is stayed. If they don’t, they may be committing an offence.
| Event | What happens? | Time |
|---|---|---|
| Appeal is filed | ||
| Service of documents |
| Within 7 days after appeal filed |
| Statement of facts and contentions | Applicant must file and serve on their neighbour a statement prepared in accordance with Schedule A of Practice Notice Classes 1, 2 and 3 Miscellaneous appeals. | Before 4:00pm on the third last working day before the first directions hearing |
| Pre-court discussions | Parties to discuss and try to agree on:
| Before the first directions hearing |
| First directions hearing | Date for conciliation conference or hearing set
Schedule D information sheet handed to the Court, if matter is proceedings straight to a hearing | 28 days after appeal filed |
| Application provides amended documents or information to be discussed at conference | Lodged with the Court in a sealed envelope, not filed. A copy must also be provided to your neighbour. | 14 days before the conciliation conference |
| Response to amended documents or information, and draft without prejudice conditions of approval |
| |
| Notice of expert witnesses | Each party must provide to the other:
| Two business days before the second directions hearing |
| Second directions hearings – if no agreement reached at conciliation conference | Date for hearing set | Seven days after conciliation conference |
| File and serve draft conditions |
| 14 days before the hearing |
| Notice that witness is required for cross-examination |
| At least seven days before the hearing |
Notice of objection to any part of an affidavit, statement or report | Filed and served on your neighbour | At least seven days before the hearing |
| Hearing |
| As soon as reasonably possible and usually within 12 weeks from the first directions hearing |
You and your neighbour can use the Online Court to apply for directions, rather than appearing at a direction’s hearing in court. This includes directions for:
- a conciliation conference or hearing date
- expert evidence.
Before you apply, you must contact your neighbour to try to reach an agreement about what directions the Court should make. You will need to tell the Court if the directions you and your neighbour agree to the directions.
If you apply for orders without your neighbour’s agreement, they will be given until 2pm to agree or counter your application.
To apply for orders to introduce expert evidence, you must file a Schedule D information sheet with your application.
You must submit your request for directions before 12 noon on the day prior to the directions hearing. The Court will try to respond to your request by 4:30pm.
If you don’t receive a response, you must attend the directions hearing.
If you or your neighbour fail to respond to an application for directions without a reasonable excuse, the Court can make a costs order in favour of the person who made the application for the costs of attending a direction’s hearing.
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