Section 61 of the Control of Pollution Act 1974 allows developers and their building contractors to apply for ‘Prior Consent’ for noise generating activities during the demolition and construction phases of a development.
The Control of Pollution Act 1974 gives local authorities powers to take action in relation to noise from construction work activities. Many construction activities are inherently noisy and impactful, and can cause disturbance to neighbours. We expect developers and principal contractors to use the best practicable means at all times and take all reasonable steps to control noise and minimise noise disturbance to nearby residents, and other building occupiers in the near vicinity.
Developers and contractors who are undertaking major works can apply to us for a Section 61 Consent to seek agreement to their proposals for controlling noise. This process is only used where significant noise disturbance is anticipated from a construction project, or the project has a long duration. If a Section 61 Consent is in place, the council cannot subsequently serve a Section 60 notice.
If developers or principal contractors do not apply for prior consent under Section 61 of the Act and commence works on site, should several complaints be received and substantiated, the council can serve a Notice under Section 60 of the Act.
The Section 60 notice will set the hours of working, terms and conditions that the developer or principal contractor must comply with. This could impact on the development schedule both in terms of time and cost.
Make an application
To make an application, complete the form:
Forms should be submitted a minimum of 28 days before works commence on site.
Return your completed form to envhealth@elmbridge.gov.uk.
After an application is made, the council can issue or refuse consent.