Construction site noise and dust pollution

Contractor Guidance Information for Section 61 Applications (Prior Consent)

Introduction

The primary objective of this technical guidance note is to formulate a standardised approach, ensuring that environmental considerations are in strict compliance with the regulatory requirements set by North Devon Council (NDC).

Environmental Health Officers strongly recommend that for large-scale or long-term projects, contractors should seek Section 61 consents under the Control of Pollution Act 1974 (CoPA) if there's a need for night-time or extended working hours, or if increased noise levels are anticipated to affect local residents and businesses. Even some shorter term projects may benefit from prior consent if they are likely to impact on the community significantly.

The provisions under Section 61 of CoPA offer advantages to both contractors and NDC in controlling and mitigating noise and vibration impacts from construction activities. As well as noise and vibration this creates and opportunity to review other environmental impacts such as dust and smoke.

  • Advance Planning: Ensures that standards of performance with respect to the control of construction noise and vibration can be agreed upon in advance of the start of the works.
  • Risk Mitigation: By obtaining a Section 61 consent and complying with the agreed conditions, a contractor avoids the risk of being served with a Notice under the terms of S60 of the CoPA or Section 80 of the Environmental Protection Act 1990 (EPA).

Council's Overall Strategy - Three Stage Process

The process of securing a Section 61 consent encompasses three fundamental stages:

  1. Preparatory and Draft Stages (Recommended at least 8 Weeks Prior to Works)
    • Site Details: Provide detailed site plans and maps of the local area, including a location map.
    • Construction Description: A detailed description of the construction works, including a phased construction programme.
    • Working Hours: Justify any works outside of the standard working hours, with reference to normal working hours (0800 to 1800hrs weekdays; 0800 to 1300hrs Saturday; no work on Sundays or bank holidays).
    • Equipment Specification: Specify the type of plant and equipment, with noise levels referenced from DEFRA “Noise Database for Prediction of Noise on Construction and Open sites” tables or BS5228.
    • Method Statement: Detail working practices and assumptions, including Best Practicable Means (BPM) to mitigate noise/vibration impacts.
    • Noise Monitoring: Identify noise-sensitive receptor locations and anticipated noise monitoring positions, subject to agreement with the Environmental Protection Team.
    • Noise Level Calculation: Conducted by an acoustics specialist to determine predicted noise and vibration levels at sensitive receptors, considering potential mitigation measures in line with BPM.
  2. Draft Stage (Recommended 6 weeks Prior to Works)
    • Contractors should submit the draft application to NDC for review. Environmental Health Officers (EHOs) will prepare a set of draft consent conditions based on the submitted application. Further discussions between the contractor and NDC may be required to resolve any discrepancies or disputes.
  3. Final Stage (Strictly 28 Days Prior to Works)
    • The contractor must submit the formal Section 61 application to NDC. NDC will respond within 28 days with either a grant or refusal of consent. If NDC fails to respond within the designated 28-day period, the application is eligible for the appeals process.

Prior Planning Considerations

Contractors must integrate noise and vibration considerations into the planning and design stages of the construction work programme. The Local Authority is mandated to respond within 28 days of receiving a Section 61 submission. Therefore, this timeframe must be factored into the planning schedule.

Best Practicable Means (BPM)

Section 72 of the Control of Pollution Act 1974 defines "best practicable means" as measures that are "reasonably practicable considering local conditions, the current state of technical knowledge, and financial implications."

Adoption of Best Practicable Means (BPM) is integral to any Section 61 application. Applicants must demonstrate comprehensive efforts to minimise construction noise. Predicted noise levels are pivotal in determining the effective implementation of BPM.

Advance Notification to Local Residents and Occupants 

Notification should be provided to local residents/occupants regarding the proposed works. This should include details on:

  • Type of work
  • Duration
  • Hours of work
  • Potential noise characteristics
  • Helpline details and complaints procedure

Compliance Monitoring

A comprehensive programme of noise, and if necessary, vibration monitoring is required to demonstrate compliance with the Section 61 consent and to identify any potential issues. This monitoring regime must be agreed upon in advance with NDC as part of the consent application. It is important that developers engage suitably qualified and experienced acoustic professionals to ensure that the monitoring and assessment is robust.

Should there be a need to adapt to changes in circumstances during construction, a dispensation or variation to the Section 61 Consent may be required. In all cases, reasonable and sufficient justification for the changes must be provided.

  • Dispensations:
  • Cover all material changes to agreed working methods, including persistent or substantial overruns.
  • Applications must be made to NDC at least 14 days in advance of any revised working practice.
  • Include specific details of the works, reasons for the changes, proposed hours of working, predicted noise and vibration levels, steps intended to mitigate the impacts, and contact details for the person(s) in control of the operation.
  • Variations:
  • Cover minor changes, e.g., substitution of individual items of plant and sporadic overruns.
  • Notification to local residents/occupants should include a statement advising how and when affected parties will be notified of the changes.

Contact Information

For assistance in making an application, particularly regarding noise predictions and monitoring, contractors can consult:

The Institute of Acoustics
77A St Peter’s Street, St Albans, Hertfordshire, AL1 3BN, UK
Tel: +44(0) 1727 848195
Email: ioa@ioa.org.uk
Web: www.ioa.org.uk

The Association of Noise Consultants
105 St Peter’s Street, St Albans, Hertfordshire, AL1 3EJ, UK
Tel: +44(0) 1727 896092
Web: www.association-of-noise-consultants.co.uk

Report Requirements:

  1. Contractor details including subcontractors.
  2. Address and location of proposed works, including site plans and local maps.
  3. Detailed construction work description and phased programme.
  4. Proposed working hours and duration of each phase.
  5. List and noise specifications of all plant and equipment.
  6. Proposed BPM measures to minimise noise and vibration.
  7. Calculation of predicted noise and, if necessary, vibration levels at the receptor locations for all phases of the construction programme.

Application Submission Details

Make a Section 61 application online

If you need assistance with your application or have accessibility needs, email: environmentalprotection@northdevon.gov.uk