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Sound Advice on Noise
Section 2
Additional noise controls
Bylaws
Some local authorities have made bylaws to control
noise, especially certain types of noise occurring in roads
or on local authority property such as parks. The type of
noise covered may include the playing of musical
instruments, radios and stereos. Ask your local authority
about bylaws in your area. Licensing conditions may also
apply to certain premises such as pubs and clubs.
Loudspeakers in the road
Your local authority has powers to deal with
loudspeakers in the road - section 62(1) of the Control of
Pollution Act 1974 prohibits the use of a loudspeaker in
the road between 9 p.m. and 8 a.m. for any purpose, or the
use of a loudspeaker in a road at any other time for the
purpose of advertising any trade or business.
A number of organisations are exempt from this ban: the
police, and ambulance and fire brigades.
Vehicles which sell perishable foodstuffs (such as
ice-cream) are also exempted from section 62, but may only
use loudspeakers between noon and 7 p.m. The loudspeaker
must be operated in such a way that it does not give
reasonable cause for annoyance.
Using Codes of Practice
Codes of Practice give advice about the minimisation of
problems caused by potentially noisy activities. Courts may
have regard to relevant codes when considering the defence
of best practicable means.
Codes of practice include noise from audible intruder
alarms, ice-cream van chimes, model aircraft and
construction sites.
Noise from construction sites
Construction activities are inherently noisy and often
take place in areas which are normally quiet. To minimise
the noise from necessary construction and demolition works,
section 60 of the 1974 Act gives local authorities the
power to specify the way in which the work must be carried
out.
A code of practice (British Standard 5228) provides
guidance on managing noise from construction and other open
sites.
Neither the 1974 Act nor the related codes of practice
set specific limits for construction site noise, which will
vary according to local circumstances.
Best practicable means
In proceedings for a statutory nuisance offence, it is a
defence to prove that the best practicable means have been
used to prevent or counteract the effects of the noise
(sections 80(7) and 82(9) of the 1990 Act). It is only
possible to use this as a defence where the nuisance arises
on industrial, trade or business premises or where the
noise arises from a vehicle, machinery or equipment being
used for industrial, trade or business purposes. This
defence recognises that there can be technical and other
limitations in industry.
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