6 - Neighbourhood Noise

Summary

INTRODUCTION

In this chapter we look at how noise from a wide range of sources and activities, which impact on the community, is controlled. This represents a fragmented area of the law indeed. The legislation relating to neighbourhood noise is piecemeal and is illustrative, perhaps, of the very nature of noise.

CONSTRUCTION SITE NOISE

Noise from construction sites presents a potential problem for those living in close proximity to the site in question. The noise from construction sites is normally generated by the carrying out of building operations (ranging from pile driving to demolition work) or by site traffic. Construction site noise in general may justifiably prompt complaints from those living in close proximity to the site for two main reasons. First, those living in close proximity to the site are not habituated to the noise in question, by virtue of the fact that duration of a construction project is normally comparatively quite short. Second, individuals tend to be more easily annoyed by intermittent noise, which is associated with building sites, than noise that emanates from a long-established source such as a factory. Noise from construction sites, therefore, warrants special legislative attention.

Section 60 of the Control of Pollution Act 1974 (COPA) gives local authorities extensive power to deal with noise from construction sites. The section applies to:

• (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; and

• (d) (whether or not also comprised in paragraph (a), (b) or (c) above) any work of engineering construction.

Section 60(2) empowers a local authority to serve a notice that imposes requirements as to the way in which the relevant works are either being carried out or are going to be carried out on any premises. The local authority may also publish notice of the requirements in such a way as it appears to the authority to be appropriate. The terms that the local authority can stipulate are required to be both practicable and precise.