A Maitland family is facing the choice between risking a fine or sweltering during hot summer nights.
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The Taylors have discovered that a state law exists that calls on councils to issue warnings and fines for air-conditioners that are deemed too noisy at night.
Councils can take action if an air-conditioner can be heard from a “habitable room” in a neighbouring home after 10pm or before 7am on weekdays or 8am on weekends and public holidays.
With nighttime temperatures lingering in the mid 30s in the Lower Hunter in recent weeks it’s presented a difficult choice for the young family, who had their unit checked to make sure it wasn’t excessively loud.
Summa-Lea Taylor said they were shocked to learn about the law after they received a warning letter from Maitland City Council last year. She said she believed many other Hunter residents wouldn’t be aware of the rules about running air-conditioners at night.
Her husband Corey said the rules should be changed to focus on decibel levels rather than time-frames.
An Environmental Protection Agency spokesperson said complaints about loud air-conditioners made up 4 per cent of NSW noise complaints since December.
“Neighbourhood noise affects many in the community and noise nuisance can escalate into serious confrontations within neighbourhoods,” he said.
“Noise pollution can also have negative impacts on the quality of life and health, and needs to be addressed in planning and pollution control strategies.”
Maitland Council’s Development and Environment manager David Simm said council had the power to issue a fine if an offence re-occurred within 28 days of an official warning.
“In terms of investigations, if the matter is significant it’s more likely that the local police would respond through the night,” Mr Simm said.
“From council’s perspective, complaints are investigated and where deemed necessary a formal warning would be issued. Council takes a pragmatic view based on the evidence and merits of each case.”