Family threatens to sue over constant O-Bahn tunnel project noise at night time

A SLEEP specialist and his family — kept awake by night works on the O-Bahn tunnel project — have rejected an offer of $1200 a week to temporarily escape the noise, and are threatening to sue.

1/4/16. A Hackney family unable to sleep during nightworks on the O-Bahn project - Drew Dawson in front of his family home on Hackney Rd Pic: Keryn Stevens

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A SLEEP specialist and his family who have been kept awake by night works on the O-Bahn tunnel project have been offered $1200 a week to temporarily escape the noise.

But Professor Drew Dawson — a nationally and internationally recognised sleep specialist — says the offer from State Government contractor McConnell Dowell is not enough to find “suitable” accommodation for his family for the next month.

He is threatening to launch legal action to halt the $160 million project unless he receives fair compensation.

Prof Dawson, who lives on Hackney Rd, said the contractor even suggested he rent a hotel room and share it on a rotation system with other families desperate for a good night’s sleep.

He said his wife and two children had barely slept since night roadworks started around Easter.

“It started at 7am and noise from jackhammers, trucks reversing and buckets clanking goes right through the night,” Prof Dawson said.

“My wife, who is a doctor, has barely slept since it started and that becomes an occupational safety issue.”

After a week of sleepless nights, Prof Dawson said a group of residents approached the contractor, who offered to pay to help relocate some families for up to four weeks.

Prof Dawson claims McConnell Dowell’s project director, Mark O’Reilly, acknowledged the offer of $1200 a week was inadequate.

Hackney resident Drew Dawson at the front of his family home on Hackney Rd, where O-Bahn tunnel works are continuing through the night. Pic: Keryn Stevens

“They told us that we should book a hotel room and rotate it between the families so that we could have a good sleep every fourth or fifth night,” he said.

McConnell Dowell and Transport Minister Stephen Mullighan referred questions about compensation to the state Transport Department, which refused to provide details including how many people it was offered to.

The Eastern Courier Messenger knows of at least one Hackney man whose request for compensation was refused because he did not live on Hackney Rd.

Mr O’Reilly wrote to Prof Dawson on March 29 with a “once-off” offer of $1200 a week, for up to four weeks.

In the letter, obtained by the Eastern Courier Messenger, Mr O’Reilly acknowledged the family had not been able to sleep because of night works.

He hoped temporary relocation would provide them with “relief and respite” from the project, and said steps would be taken to reduce noise in order to fulfil the company’s “duty of care” under the Environmental Protection Act.

This included rescheduling some demolition works to daytime and cancelling work on Friday nights, until the first stage of work was completed on April 25.

But Prof Dawson said the offer was “disingenuous” and not enough for him to find temporary accommodation for his wife, two children, and two dogs.

He said about $1500 a week would be enough.

Prof Dawson said he was seeking legal advice on whether the entire O-Bahn project could be stopped on the grounds McConnell Dowell had breached conditions of their planning approval, including a requirement to keep night roadworks noise to less than 40 decibels.

A Transport Department spokeswoman said it made every effort to “minimise the impact to residents and road users” during major projects.

Work on the O-Bahn Tunnel Project is expected to continue until the end of 2017.

It is unclear whether night road works will be undertaken during the entire construction period.