Noise abatement notice

That the requirements imposed by the notice are more onerous than those for the time being in force in relation to the noise to which the notice relates of (a) Any notice under Section 60 or 66 or (b) Any consent given under Section 61 or 6 or (c) Any determination made under Section 67. Section 60 relates to a construction site notice. Section 61 is consent for construction works. Sections 65-67 relate to noise-abatement zones (see below). 

Local authorities are empowered by the Control of Pollution Act 1974 to designate areas as noise-abatement zones. Within these areas noise levels are measured and entered into a register. It is an offence to increase noise levels beyond register levels unless consent is obtained. If the local authorities are of the opinion that existing noise levels are too high, noise-reduction notices can be served. 

Noise affecting the neighbourhood is regarded as a pollutant and part II of the Act relates to this form of nuisance. It gives a local authority powers to require the reduction of excessive emissions of noise and to impose conditions on noisy operations. The authority may set noise limits and specify the time in which they must be met. It allows for the creation of noise abatement zones, and enables the authority to serve notices requiring the control or abatement of noise nuisances. 

A notice may be served where a nuisance has occurred or the local authority think a nuisance may occur. Noise nuisance is not defined as such, but includes vibration. The notice may not be specified and may merely require the abatement of the nuisance. A notice may, however, require the carrying out of works or specify permissible noise levels. The time period for compliance is not specified in the Act, but must be reasonable. 

That the authorities have refused unreasonably to accept compliance with alternative requirements or that the requirements of the notice are otherwise unreasonable in character or extent, or are unnecessary. This defense is self-explanatory. The local authorities are only permitted to ask for works that will abate the noise nuisance. Other works (perhaps to comply with legislation) should not be specified in the notice. They may, however, be contained in a letter separate from the notice. An example of this would be where the fitting of acoustic enclosures to food-manufacturing machines breached food hygiene requirements. Readily cleanable enclosures may be a requirement of the Food Hygiene Regulations, but it should not be contained in a Section 58 Control of Pollution Act notice. 

---

See also in sourсe #XX -- [ ]

See also in sourсe #XX -- [ ]

---