Legal Assignments

Legal Assignments

Noise from developments, utilities and transport is often contested, and many applications end up before courts and tribunals. Independent, measurement-based evidence helps resolve them.

The provision of expert evidence in acoustic and vibration disputes is a regular part of modern planning and regulation, and the firm has assessed cases across a wide range of projects.

Steven Cooper regularly appears as an expert witness for all sides of a dispute: for the applicant, for the regulatory authority and, in some matters, as the court’s appointed expert. His appearances are not confined to one state or to environmental courts, and include Local, Licensing, District and Supreme Courts and matters before the Federal Court of Australia.

Giving such evidence requires significant expertise in acoustics and a sound understanding of the relevant standards, how they are applied and the noise issues involved.

Measurement over theory

Independence, both in presenting evidence and in conducting compliance testing, is sometimes questioned by residents when acoustic experts disagree. Decisions of the NSW Land and Environment Court concerning three licensed premises show the need for proper acoustic assessment by physical measurement rather than on a theoretical basis:

• The Dolphin Hotel: Icon Hospitality Management Pty Ltd v City of Sydney Council [2007] NSWLEC 239 (Commissioner Hussey, 18 May 2007)
• The Sugarmill Hotel: Darlinghurst Road Holdings Pty Ltd v City of Sydney Council [2011] NSWLEC 1041 (Commissioner Murrell, 16 February 2011)
• The Petersham Inn: Rosa Maiolo v Inner West Council [2017] NSWLEC 1525 (Commissioner Smithson, 26 September 2017)

Matters before the Land and Environment Court

Environmental noise matters in which the firm has given evidence include:

• Aircraft noise
• Helicopter noise
• Marinas
• Construction sites
• Commercial air-conditioning
• Domestic air-conditioning
• Quarries
• Retail and industrial developments
• Licensed premises
• Neighbourhood disputes