Supplementary memorandum from the Chartered
Institute of Environmental Health (CIEH)
CURRENT NOISE LEGISLATION
Like many environmental controls, those concerned
with noise have grown over the years in a piece-meal way which
is difficult for the layman to access. Below is a brief summary
of the principal current controls applying in England and Wales.
The Land Compensation Act 1973 and the
Noise Insulation Regulations 1975-96 made under it allow
for grants to be made towards the cost of sound insulation in
premises subjected to noise from new roads or railways. It cannot
be applied retrospectively but may be useful where existing roads
or railways are up-graded with the result that noise levels exceed
stated thresholds. In addition, insulation grants schemes are
in operation in areas surrounding Heathrow, Gatwick and Stansted
airports.
The Control of Pollution Act 1974 contains
powers for local authorities to deal with noise and vibration
from construction and demolition sites. It also contains powers
concerning the use of loudspeakers in the street (which have been
used successfully in connection with loud car stereos), together
with powers for the Secretary of State to approve Codes of Practice
for the minimisation of noise. Codes currently exist for audible
intruder alarms, ice cream chimes, model aircraft and construction
noise and these may be used in evidence in legal proceedings.
The Health and Safety at Work etc Act 1974,
though aimed primarily at the protection of workers (and providing,
through Regulations, controls over workplace noise), also places
a duty on employers to conduct their businesses so as to ensure
that others too are not exposed to risks to their health. This
can include risks arising to the public at large from noisy work
activities.
The Town and Country Planning Act 1990, aimed
at prevention rather than control, requires local authorities
to draw up strategic local plans to reconcile the conflicts inherent
in development. It permits conditions to be attached to Planning
Consents which may include conditions on the emission of noise
and gives a basis for protecting tranquil areas. Advice on the
use of these powers is given to authorities in England by the
Secretary of State in Planning Policy Guidance Note (PPG) 24.
This document recommends maximum noise exposure levels for new
residential developments near major noise sources. PPG 23 gives
guidance on the relationship between planning controls and more
specific controls on pollution, including noise.
The Environmental Protection Act 1990 provides
the principal controls over so-called "statutory nuisances",
including noise nuisances, whether arising from industrial, leisure
or domestic activities. By virtue of the Noise and Statutory
Nuisance Act 1993, it also applies to nuisances arising from
vehicles (eg from car alarms but not traffic noise), machinery
and other equipment such as loudspeakers, in the street. Under
the 1990 Act, local authorities have a duty to inspect their areas
from time-to-time to detect nuisances and, when satisfied that
one exists or is likely to occur or recur, to serve an Abatement
Notice on the person responsible. Though businesses have a defence
of "best practicable means", failure to comply with
a Notice is a criminal offence. Local authorities have a power
of entry to private premises, power to seize noise-making equipment
and powers to carry out works in default of Notices.
The London Local Authorities Acts 1991 and
1996 together provide an accelerated procedure (for those
London Boroughs which adopt it) to deal with noise from burglar
alarms. The first also places certain duties on owners of alarms,
including to fit a cut-out to their alarms and to notify details
of two keyholders to the Police.
The Criminal Justice and Public Order Act
1994 as amended provides powers to the Police to prevent so-called
"raves"—(gatherings at which amplified music is
played during the night which by reason of its loudness and duration
and the time at which it is played, is likely to cause serious
distress to the inhabitants of the locality)—whether now
occurring in the open air or indoors. Sound equipment used at
a rave may be forfeit on the order of a court.
The Noise Act 1996 as soon to be amended
by the Anti-social Behaviour Act introduces an offence of emitting
excessive noise from a dwelling at night, ie between 11.00 pm
and 7.00 am. Following the service of a Warning Notice, if the
noise measured in a neighbouring dwelling is not reduced, a fixed
penalty may be payable. Alternatively, the local authority can
prosecute and any equipment used in the commission of an offence
may be forfeit.
The Housing Act 1996 and the Crime
and Disorder Act 1998 both provide powers to deal with anti-social
behaviour which may include creating undue noise.
The Pollution Prevention and Control Act
1999 gives powers to both local authorities and the Environment
Agency to control environmental emissions from many industrial
processes through a system of prior consents. Among the emissions
from the larger processes which may be controlled this way is
noise.
The Building Regulations 2000, made under
the Building Act 1984, govern standards of construction
for new buildings and major conversion and repair work. Part E
requires, among other things, methods of constructions for walls
and floors separating dwellings from one-another and from the
common parts of shared buildings which are deemed to meet certain
sound insulation standards.
The Police Reform Act 2002 gives the
power to Police Officers to require the name and address of anyone
behaving in an anti-social manner. It also gives powers to stop
and seize any motor vehicle which, including by reason of noise,
is causing, or is likely to cause, alarm, distress or annoyance
to members of the public.
The Licensing Act 2003 provides a comprehensive
framework for the licensing by local authorities of a variety
of premises and events. Licenses may be subject to conditions,
including as to noise. The Act also provides a power for a senior
Police Officer summarily to close a licenced premises, noise from
which causes a public nuisance.
The Anti-social Behaviour Act 2003 strengthens
the Housing Act 1996 to facilitate the regaining of possession
from tenants of social landlords responsible for anti-social behaviour
and amends the night noise offence of the Noise Act. It also introduces
a power of local authorities, acting through their Chief Executive
or Environmental Health Officer, summarily to close licenced premises
which cause a public nuisance by reason of noise.
In addition, Byelaws for Good Rule and Government
maintained by many local authorities also contain controls
on particular types of noise in some circumstances. They cannot,
however, be used where an equivalent statutory power is available.
April 2004
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