‘Incredible overreach’: WestConnex tries to gag residents over noise complaints

The contractor building the WestConnex motorway beneath hundreds of homes in Sydney’s inner west is attempting to gag residents in return for providing noise-cancelling headphones to block construction racket.

Residents who live above the $3.9 billion Rozelle interchange have complained of “unbearable” noise as machines dig tunnels for the underground spaghetti junction being built by contractor John Holland CPB.

David Anderson was given noise-cancelling headphones after the Rozelle Interchange tunnelling became unbearable.Credit:Janie Barrett

Rozelle homeowner David Anderson was stunned when the contractor sent two pairs of Bose noise-cancelling headphones, which retail for up to $600 for him and his son, followed by a respite deed that would prevent him from talking about the headphones or from pursuing compensation for noise disturbance caused by the project.

“It’s appalling,” Mr Anderson said. “I was absolutely ropeable when I got it.

“For a couple of pairs of headphones, it’s incredible overreach.”

John Holland CPB did not respond to requests for comment before deadline.

The state government is forging ahead with construction of its ambitious motorways agenda, the vast bulk of which is being built beneath thousands of homes.

Mr Anderson’s concerns add to frustrations over shrinking tunnel depths, construction noise, vibrations, and cracking damage felt by residents along earlier stages of the 33-kilometre toll-road route.

Mr Anderson’s house on Waterloo Street is 16 metres above the tunnels for the Rozelle interchange, which will link the new M4 and M5 tunnels with the Anzac Bridge and Iron Cove.

He said three boring machines were within 50 metres of his home when he complained about the noise.

“You hear it at 2am, and 4am. When it gets going it’s like this really guttural, rolling thunder and then it stops, and 10 minutes later it starts again. I only contacted them when it became unbearable.”

The complex underground spaghetti junction runs under hundreds of homes in Lilyfield and Rozelle.Credit:WestConnex

The letter to Mr Anderson, seen by the Herald, says the John Holland CPB joint venture has agreed to offer the resident respite for the inconvenience caused “on the terms set out on the deed poll”.

It says the respite is provided at their discretion and is not “an acceptance, admission or agreement of any kind by JHCPB that the resident is entitled to any compensation for the inconvenience caused by the project”.

The deed requires the resident to release the contractor from all claims that arise from any inconvenience caused by the project. It says details of any media requests about the project must be provided to John Holland CPB.

“What they’re saying is ‘shut up, don’t say anything’,” Mr Anderson said. “I’m forgoing my rights to any further compensation. It’s very concerning.”

Balmain MP Jamie Parker said the agreement was designed to hide the “true impact” of the project.

“WestConnex is holding this community to ransom. The purpose of these gag clauses is to silence residents, minimise opposition and maximise profits,” he said.

A spokesman for Transport for NSW, which is delivering the Rozelle Interchange project, said residents had been offered a range of measures, relating to their individual circumstances, to minimise construction noise.

The spokesman said the project staff worked with residents on a case-by-case basis.

“Individual arrangements operate on a confidential basis to protect the privacy of residents and maintain the integrity of our discussions with those residents.”

Mr Anderson, who does not intend to sign the agreement, said he was not made aware of any conditions attached to the noise-cancelling headphones before he received them.

“What I find deeply disturbing is that I am not the only one who has been made to sign such a deed in order to receive necessary and essential respite,” he said.

The Transport for NSW spokesman said residents, particularly frontline workers, had been provided with extra noise mitigation measures on a case-by-case basis in response to stay-at-home orders during Sydney’s lockdown.

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