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Section 61 Control of Pollution Act 1974

Prior Consent

November 18, 2024
by Sam Riey

A contractor can apply to the Local Authority for a Section 61 Prior Consent for the control of noise and vibration during demolition and construction works which are likely to have a significant impact on the community.

The application should include but not limited to

  • hours of work
  • plant and machinery to be used
  • permitted noise and vibration levels
  • mitigation measures
  • monitoring methods

 

Obtaining a Prior Consent means a Local Authority is satisfied sufficient steps are in place to protect the local community from noise and vibration, the underlying principle is that the development is going to use Best Practical Means (BPM) and refers to BS5228 Noise Control on Construction and Open Sites.  If the works are being carried out in accordance with the application, then a Section 60 notice would not be served.  Prior Consent can be used as a defence in an appeal against a section 79 Environmental Protection Act Statutory Nuisance notice.

Monitoring noise may form a component of the Prior Consent, this could include monitoring for the duration of the project or during particular phases such as demolition, earth works or when close to noise sensitive receptors. 

Whether you require continuous or periodic monitoring dBC offers a professional service tailored to your needs. We are happy to discuss your upcoming projects, please click here to get in touch.