Section 61 Applications

Section 61’s come from the Control of Pollution Act (COPA) 1974 which gives power to the Local Authority to control noise and vibration from construction sites. The basis of the Control of Pollution Act legislation is that Best Practical means (BPM) should be used to control noise and vibration pollution on site.

A Section 61 is a formal agreement between the contractor and the Local Authority. This agreement has to be applied for before work commences and allows the contractor and Local Authority to agree, for example noise levels and hours of work and protects the contractor from Local Authority Action.

If your development will have a significant impact on neighbouring premises from noise or vibration it is recommended that you apply to the Council for a "prior consent" under Section 61 of the Control of Pollution Act 1974. A prior consent will not normally be issued if work has already commenced and most local authorities require an application at least 28 days before work commences.

The control of noise applies to the following works:

        a) The erection, construction, alteration, repair or maintenance of buildings, structures or roads;
        b) Breaking up, opening or boring under any road or adjacent land in connection with the construction,         inspection, maintenance or removal of works;
        c) Demolition or dredging work;
        d) Any work of engineering construction

To facilitate the prior consent application it is recommended that you undertake a Pre-Construction Ambient Noise Survey to enable you to assess the impact of your proposed work. The survey should include monitoring results for daytime (0800-1800), evening (1800-2300, and Saturday /Sunday / Bank Holidays) and night-time (2300-0800) periods.

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