Section 61 of the Control of Pollution Act 1974
GUIDANCE ON COMPLETING AN APPLICATION FOR PRIOR CONSENT

If your development will have a significant impact on neighbouring premises from noise or vibration it is recommended that you apply to East Suffolk Council (hereby referred to as the “Council”) for a “prior consent” under Section 61 of the Control of Pollution Act 1974. Alternatively, you may be invited to do so by the Council via a planning application.
A Prior Consent is an agreement between the developer and the Council which allows a reasonable level of noise to occur. Having such an agreement can also protect you from further legal action. 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 (whether or not also comprised in (a), (b) or (c) above)

An application form is attached to this guidance note. When submitting an application, you are advised to include as much information as possible to avoid any delays in granting the consent. You may attach a separate sheet if necessary for the required details.

The completed application form must be submitted at least 28 days before the intended work is due to commence.

Note: A Prior Consent will not be issued if works, other than minor preparatory works, have already commenced.

Once we have received the application we will issue consent within 28 days of receipt of the application. The consent will either be:
•	Accepted in its entirety.
•	Accepted but with additional and/or amended conditions imposed.
•	Refused.
The applicant may appeal to the Magistrates Court on the decision of the Council. 

Guidance Notes for the Application Form.
The following information (which numerically corresponds to the attached application form) will assist you in completing each part of the application form:

1.	A site location plan must be included to a scale not less than 1:500 showing site boundaries, noise monitoring locations and nearest residential or sensitive noise receivers. 

2.	Name, address and contact details of the main contractor.

3.	Objective of the works to be carried out under the consent (e.g. road resurfacing, utility instillation etc).

4.	The permitted core working hours for noisy activities (that are audible at nearby noise sensitive receptors) are Monday to Friday 07:30 to 18:00 hours, Saturday 08:00 to 13:00 hours and at no time on a Sunday or Bank Holiday.
The Council recognises that occasionally certain works may need to be undertaken outside of normal hours, such as escorted load deliveries and extended concrete pours. The application should give details of any expected activities outside of the core hours. 

It should not be assumed that consent would be given automatically. Should it become necessary to depart from the hours specified in the consent, a dispensation shall be applied for. Should the works be undertaken without consulting the Council you will be at risk of enforcement action under the Control of Pollution Act 1974.

5.	Provide a description of the methods to be used (e.g. Phase 1 –site clearance and levelling using bulldozer and rollers: Phase 2 – piling using shell and auger-type rigs etc). 
6.	Provide details of the number, type and make of each type of equipment, machinery and heavy vehicles (i.e. rollers, sweepers), stating the Sound Power Level of each and the expected duration of use. 

7.	Provide details of the background noise level of the development area. Provide predictions of noise and vibration levels at nearby noise sensitive receptors during the proposed works.
8.	All equipment to be used on site should be listed and referenced back to BS 5228. Sound power data should also be resourced from this document and manufacturers specifications. The sound power level is a measure of the total noise radiated by the machine in all directions. It is a property of the machine and is essentially independent of the measuring environment. Regulations require manufacturers to display this level on outdoor plant and machinery (usually a numerical value accompanied with “SWL” or “LW”).
You should demonstrate how noise and vibration has been minimised as far as practically possible and reference should be made to Best Practicable Means (BPM) as defined in section 72 of the Control of Pollution Act 1974. BPM must be employed at all times.
Should it become necessary to depart from the steps specified in the consent, a dispensation shall be applied for.

9.	Provide details of all intended monitoring to ensure noise and vibration levels are at acceptable levels. State all monitoring locations. 

Occasionally it may become necessary to undertake noise monitoring at the reasonable request of East Suffolk Council. This is commonly when there is a requirement to work outside of normal hours or where complaints have arisen. A record of any monitoring results will be held on site available to authorised Council officers, in an agreed format.

10.	Provide a justification as to why works need to be undertaken outside of normal working hours (i.e. Monday to Friday 07:30 to 18:00 hours, Saturday 08:00 to 13:00 hours and at no time on a Sunday or Bank Holiday). Clarify if another body has stated that works need to be undertaken outside of normal working hours. The Council will have to be satisfied as to the necessity of the works outside of normal working hours. 

11.	Prior to the commencement of the works, neighbouring residential and commercial premises shall be contacted in writing. The information should contain a contact name and number for enquiries and complaints, details of the works and their likely duration. Such communications can greatly help to minimise complaints, as it demonstrates that the noise has a finite duration and will provide assurance that there will be someone to contact should any distress be caused. Information should be provided to neighbours as soon as it is available, but no less than 2 weeks in advance of works commencing. A copy of any correspondence provided should also be sent to the Local Authority.

12.	Please provide any further information you think may be relevant or useful for your application.

Additional Notes:
(i)	If the Council does not give consent within 28 days or the Council attaches any condition to a consent, the applicant may appeal to a magistrate’s court within 21 days thereafter.
(ii)	If an appeal is made, on hearing the appeal the court will allow the applicant (or appellant) and the Council to make a representation to it concerning the application made under section 61(1) of the Control of Pollution Act 1974. This will concern the terms and conditions of any consent which they may consider to be appropriate, and the court shall either:
a.	Adjourn the appeal to enable the appellant to submit to the authority a new application under section 61(1) relating to the matters which are the subject of the appeal, or
b.	Make an order giving consent to the application either unconditionally or subject to such conditions as it thinks fit, (having regard to the provisions of section 61(4), (5) and (9) of the Act) and any other matters which appear to the court to be relevant.

Any consent given by an order made under sub-paragraph (b) above shall be final and shall have the same effect as if it were a consent given by East Suffolk Council.

If you have any further questions please do not hesitate to contact the Environmental Protection team on 0333 016 2000 or email us on ep@eastsuffolk.gov.uk 

Control of Pollution Act 1974 Application Form for Section 61 Prior Consent

To: Environmental Protection, East Suffolk Council, Riverside
4 Canning Road Lowestoft NR33 0EQ
I/WE HEREBY MAKE APPLICATION for prior consent in respect of works to be carried out on the site(s) specified below, under Section 61 of the Control of Pollution Act 1974

Signed:		Date:	

Print Name:	

Address of Applicant:

1.  Address or location of proposed works:	
	
2.  Name, address and contact details of main contractor:	
	
3.  Programme of works to be carried out:	
	
4. Dates and hours of work:	
	
5.  Construction methods to be used:	
	
6. Number, type and make of equipment and machinery (including heavy vehicles), stating Sound Power Levels and expected duration of use:	

7. Background noise levels of the site, and predicted noise levels at noise sensitive receptors during proposed works:	
	
8.  Proposed steps to minimise noise and/or vibration levels:	
	
9. Details of compliance monitoring and monitoring location/s:	
	
10.  Rationale for any works that need to be undertaken outside of “normal” working hours:	
	
11. Steps proposed to liaise with nearby noise sensitive receptors:	
	
12. Any other information: