[apercu]

Two Different Routes

1. Family Day Care: Ask for eveidence that they are an approved provider. If they are caring for less than 7 children may be a registered Family Day Care centre (puzzled as to how a garage would have been approved).
   Under the Education and Care Services National Regulations, an approved provider must ensure that policies and procedures are in place for dealing with complaints (Regulation 168) and take reasonable steps to ensure those policies and procedures are followed (Regulation 170). In this case the name and telephone number of the person to whom complaints can be made must be clearly displayed at the service (Regulation 173, Section 172) and in the case of a family day care service, at each residence, venue and office of the family day care service (Regulation 173A, Section 172) .

   2. If not Family Day Care- would require Planning Consent for Change of Use – so an application to Council with the Owners Corporation consent would be required. Make an inquiry with your local council.

[apercu]

 

I think you should have a noise diary to clearly identify how serious the noise issue is. Mostly to clearly identify duration, timing, intensity, type of noise etc. also how the specific noise level impacts on your quiet enjoyment ( reading , watching tv, conversations, working, resting , sleeping etc)

Refer to the link as a guide:

https://www.cityofsydney.nsw.gov.au/report-issue/resolve-neighbourhood-noise-issues

You need to ask your OC for the specific behavioural changes you want from your upstairs neighbours. And ask if the members of the committee (chair/secretary) are willing to facilitate a conversation with your neighbour.

For a structural change of replacing hard flooring with carpet+underlay you have to be prepared to go to NCAT. So good records & noise diary is important.

if acoustic testing is a condition for flooring installation in your By-Laws ask for a copy of that report. Unreasonable for OC to say that you May have to  pay for acoustic report- as apartment noise comes from a  combination of poor design, structure or behaviours, and possible that it “passes” acoustic tests and is still unreasonable noise.

Join the committee to persuade others on it of your viewpoint.

[apercu]

Hi Jimmy

Are you able to share the protocols in place at the Elan & Altair to deal with  visitors, deliveries and self-isolating close contacts?

[Author]

Replies