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2 Introduction
2.1 Scope and Purpose of Guidance
The European Union has estimated that around 20 percent of the EU's population, or close on 80 million people, are subject to noise levels that scientists and health experts consider unacceptable. They are annoyed, their sleep is disturbed, and adverse health effects are expected. An additional 170 million people experience noise levels causing serious annoyance during daytime. With this background, there is clear need to manage environmental noise on a national and local scale.
One of the first steps in embarking on a programme of noise management is to quantify the current noise climate. This provides a solid basis for formulating environmental noise management policy. To ensure parity for this across the European Union the European Parliament and Council adopted Directive 2002/49/EC. This Directive has since been transposed into the Environmental Noise (Scotland) Regulations 2006 http://www.opsi.gov.uk/legislation/scotland/ssi2006/20060465.htm.
The Directive requires competent authorities in Member States to draw up "strategic noise maps" for major roads, railways, airports and agglomerations, using harmonised noise indicators L den (day-evening-night equivalent level) and L night (night equivalent level). These maps are then to be used to assess the number of people potentially annoyed and sleep disturbed.
The Directive requires that the public is informed and consulted about noise exposure, its effects, and the measures considered to address noise. The process of provision of information, consultation, and ultimate decision making on the issues of noise management is known as the Action Planning Process. The final Action Plans will aim to reduce noise where necessary, and maintain environmental noise quality where it is good. It is important to note that the Directive does not set any limit value, nor does it prescribe the measures to be used in the Action Plans, which remain at the discretion of the competent authorities.
This guidance sets out how the noise maps will be presented to the public, it provides advice on understanding the maps, and provides an analysis of the population exposure with respect to noise from both individual and combined noise sources covered by the Directive. To inform the public about the derivation of any "trigger" levels used in Action Planning the existing legislative and guidance framework for noise from transportation and industrial sources is set out in this document.
Finally, a prioritisation matrix will be developed as part of the Action Planning process for use in determining Candidate Noise Management Areas ( CNMA).. In summary, the purpose of this guidance is to explain to the public the background to the Action Planning process and provide relevant details on the component parts in a manner compliant with the principles of the Aarhus Convention http://ec.europa.eu/environment/aarhus.
2.2 Regulatory Framework
The Environmental Noise (Scotland) Regulations 2006 came into force 5 October 2006 and apply to environmental noise to which humans are exposed, in particular in built up areas, public parks or other quiet areas in an agglomeration, near schools, hospitals, and other noise sensitive buildings and areas. The regulations apply to noise from road railway and airport sources, as well as industrial noise. The regulations do not apply to noise that is caused by the person exposed to the noise, noise from domestic activities, noise created by neighbours, noise at work places, or noise inside means of transport or due to military activities in military areas.
Noise from domestic activities or noise created by neighbours can be dealt with under the Environmental Protection Action 1990 and Antisocial Behaviour etc. (Scotland) Act 2004. Part 5 of the Antisocial Behaviour etc. (Scotland) Act 2004 contains provisions in relation to noise nuisance and in particular gives local authorities additional powers to deal with noise nuisance and tackles the problems of night noise in dwellings. Noise exposure at work is governed by the Control of Noise at Work Regulations 2005 and noise from construction site is controlled by the Control of Pollution Act 1974. Further information on the legislation referred to here can be obtained from;
http://www.scotland.gov.uk/about/ERADEN/EcolAU/00017824/nlr_rpt.pdf
Details of Draft Noise Management Guide Guidance on the Creation and Maintenance of Effective Noise Management Policies and Practice for Local Authorities and their Officers in Scotland can be obtained from here http://www.scotland.gov.uk/Resource/Doc/77843/0018687.pdf
If a proposed development is likely to be a source of noise, its location and measures regarding the level or timing of noise emissions may be controlled through the planning system. Existing sources of noise such as road or rail traffic are not subject to planning control but they may be an issue to be considered in the context of proposed development which may be affected by such sources.
Noise from lawful use of existing roads and railways cannot be construed as a noise nuisance in terms of the Environmental Protection Act. Noise from new roads and new railways may also be controlled by conditions attached as part of the Parliamentary Bill process.
At present where noise from a new or altered road exceeds a certain trigger level, and meets other qualifying criteria, the Land Compensation (Scotland) Act 1973 provide for insulation work to be carried out or a grant to be made in respect of that insulation work. Altered" road is defined within the Noise Insulation (Scotland) Regulations 1975 ( NISR). Under the NISR, the Land Compensation (Scotland) Act 1973 also confers a right to compensation for depreciation in the value of land caused by public works. Public works do not include aerodromes.
The railway equivalent of the NISR is the Noise Insulation (Railways and other Guided Transport Systems) Regulations 1996. However, the provisions of the 1996 Regulations, which came into force under the Land Compensation Act 1973, do not extend to Scotland.
Noise from aircraft in flight is not treated as nuisance. Ground noise at the airport is treated as industrial noise and is controlled by the local authority. Most airports operate a sound insulation grant scheme for people living nearby airports, and information on the insulation scheme can be obtained from the relevant airport.
The Scottish Executive also issues planning guidance in respect of various noise related issues in the form of planning advice notes such as Planning Advice Note 56 "Planning and Noise" and Planning Advice Note 50 "Controlling the Environmental Effects of Surface Mineral Working, Annex A: The Control of Noise at Surface Mineral Working." In more general terms Planning Advice Note 51: Planning, Environmental Protection and Regulation supports the existing policy on the role of the planning system in relation to the environmental protection regimes.
An environmental impact assessment is required for a large range of projects which are likely to have significant environmental effects. Noise emissions are one of the impacts which has to be considered and, if relevant , measures to mitigate the effects should be proposed. The implementation of the mitigation measures are a matter for the consenting procedure and the responsible authority.
Industrial noise for Part A and Part B process (as defined within the Pollution Prevention and Control (Scotland) Regulations 2000) is controlled through The Pollution Prevention and Control (Scotland) Regulations 2000 (the PPC Regulations). These regulations designate the Scottish Environment Protection Agency ( SEPA) as the 'Regulator' responsible for enforcing the regime.
As part of its role as regulator, SEPA produces guidance for use in enforcing the PPC Regulations. SEPA has produced guidance on the control of noise at PPC installations, which will be used when considering applications for, and inspections of PPC installations. For non Part A and B process the control of noise is exercised by the relevant local authority.
From the above it is clear that there are existing controls in respect of operational industrial sources, but at present there are no further controls over operational transportation sources and the preparation of noise mapping and action plans affords an opportunity to inform policy on such matters.
It is important that the Action Planning process takes into account the existing legislative and guidance framework that exists within Scotland.
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