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APPENDIX 3.17 Construction Site Noise

1.0 SCOPE

To define how noise from construction sites should be controlled. This guidance covers all noise from all construction sites. Only noise (including vibration) is covered. Any action concerning dust, fumes or any other relevant environmental problems must be dealt with as Statutory Nuisances under the Environmental Protection Act 1990.

2.0 DEFINITIONS

A construction site is defined as a site where any works of the following descriptions are taking place:

• the erection, construction, alteration, repair or maintenance of buildings, structures or roads; or
• breaking up, opening or boring under any road or adjacent land in connection with the construction, inspection, maintenance or removal of works; or
• demolition or dredging work; or
• any work of engineering construction (whether or not also comprised in the above)

NOTE: This can include works undertaken by statutory undertakers

Unless otherwise specified all section numbers refer to the Control of Pollution Act 1974

3.0 PROCESS

Construction site noise will be referred either as an application for a prior consent (s.61) or as a result of the Council becoming aware of a noise problem (probably as a result of a complaint).

3.1 Action under s.60

Officers should first check if there is an existing notice under s.60 or a prior consent under s.61. If there is a s.60 notice or s.61 consent and it is alleged that the conditions may have been breached, the officer should visit to investigate. If the officer who served the original notice or issued the consent is available, it may be advisable to involve that officer.

If a breach of conditions is substantiated the investigating officer should:

• attempt to have the noise stopped or reduced; and
• consider whether the offender should be prosecuted.

If there is no notice or consent in place and the noise is occurring at the time, the officer should visit to assess the scale of the problem. The officers should consider whether service of a notice under s.60 is justified.

If the noise is not occurring at the time, the complainant should be advised to telephone when the noise recurs. In some circumstances, it may be appropriate to arrange for a planned visit when the noise is most likely to arise. Following the visit, the investigating officer should then decide what action is to be taken.

If the site is being operated in a way that produces any unnecessary or excessive noise, a s.60 notice should be served imposing such conditions as are necessary to make the noise acceptable (in some cases, conditions will be quite specific).

No action can reasonably be taken if the investigating officer(s) believes that there are no further reasonable steps that can be taken to reduce the noise (e.g. if the site is being operated at reasonable times and best practicable means has been employed but there is still a noise) but the situation should continue to be monitored.

Before serving a s.60 notice the officers should discuss the matter with the person responsible. The extent of the discussion will depend on the circumstances of each case. For example, if the likely requirement of a notice is to limit unnecessary out of hours working, discussion with the workers on site may suffice; if the requirement is to use a different method of construction, it will be necessary to discuss the matter with a senior engineer.

The investigating officer must have regard to:

• the provisions of any code of practice issued under the Control of Pollution Act, i.e. BS 5228
• the need for ensuring the best practicable means are employed to minimise noise
• before specifying any particular methods or plant or machinery, the desirability of specifying other methods or machinery which would be substantially as effective in minimising the noise and more acceptable to the recipient of the notice
• the need to protect any persons in the locality from the effects of noise.

3.2 Application under s.61

Section 61 of the Control of Pollution Act 1974 provides a procedure whereby a developer or contractor may apply to the local authority for prior consent for a programme of works, to which s.60 applies. The key information ⁵³ that needs to be included within a consent application includes the following:

• a full description of the works
• a robust rationale/justification for any works which need to be undertaken outside of 'normal' working hours
• a method statement in which working practices and any assumptions are expressly stated
• a description of the type of plant and noise level specifications of relevant equipment
• precise details of the proposed best practicable means ( BPM) controls for noise
• the location of noise sensitive properties and proposed noise monitoring positions
• an accurate set of predicted noise levels; and
• site contact details

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