AN Old Station Rd resident is investigating the possibility of launching a class action lawsuit against the builders of the Kempsey bypass.
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Sam Smyth believes average traffic noise from the Kempsey bypass exceeds agreed limits.
He has sought legal advice about whether it would be worth pursuing the Kempsey Bypass Alliance (KBA) to force it to take further measures to alleviate what he says is road noise in excess of the 55 decibel average that residents were warned to expect.
These steps could include noise barriers and putting bitumen over the concrete road surface that he says is responsible for most of the problems.
A class action lawsuit is a civil action that involves multiple parties (plaintiffs), claiming the same damage or injury, in this case noise and loss of amenity, from the same company or organisation.
The KBA team is comprised of Leighton Contractors, AECOM and Coffey Geotechnics with the Roads and Maritime Services Department as the owner participant.
The 14.5km dual carriageway at the centre of the action was opened in March 2013 at a cost of $618 million, fully funded by the previous federal Labor government.
Mr Smyth placed a classified advertisement in The Macleay Argus on September 12 asking any interested parties to contact him.
“It is just in the early stages at the moment," he said.
"I want to see if there is any interest from anyone else who believes they have been adversely affected by the noise from the bypass.
“I am in a slightly different position I believe to other residents.
"I have an individual agreement with the KBA because I was required to consent to the concrete batching plant supplying concrete for the road surface to operate for extended hours.
“I am convinced that the noise levels as measured at my property exceed what was set out in that agreement.”
Mr Smyth has taken advantage of noise abatement measures for property owners including double glazed windows and air-conditioning, but he says there is plenty more to be done to the road itself.
“The residents along the bypass route have been told many times in consultations with the RMS that extra noise mitigation measures, such as noise barriers and putting bitumen on the grooved concrete surface of the bypass, are not possible,” he said.
“I think the noise barriers would be relatively straight forward and I have it on good authority from someone who has been involved in highway construction for many years that tarring the concrete surface is indeed possible.”
You can contact Mr Smyth about his class action on 0428 189 912.
A spokesperson for the RMS said the authority continued to work with homeowners who were concerned about any impact from the bypass.
"The Roads and Maritime Services Department continues to work closely with residents about noise from the Kempsey bypass to ensure traffic noise impacts are managed consistently," they said.
"Pacific Highway general manager Bob Higgins has met with residents and visited their homes to understand their concerns.
"The post-operational noise assessment found noise at this property owner’s home did not exceed predicted levels and the measures applied at this property were also found to be appropriate.
"Roads and Maritime follows detailed procedures to help manage traffic noise and mitigation measures can include air-conditioning and window glazing."