Noise Insulation (Railways and Other Guided Transport Systems) Regulations 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/428 |
| Year | 1996 |
1996 No. 428
BUILDING AND BUILDINGS
The Noise Insulation (Railways and Other Guided Transport Systems) Regulations 1996
Made 22th February 1996
Coming into force 1st March 1996
The Secretary of State for Transport (as respects England) and the Secretary of State for Wales (as respects Wales), in exercise of the powers conferred by section 20 of the Land Compensation Act 19731, hereby make the following Regulations, a draft of which was laid before Parliament for 40 days during which period neither House of Parliament resolved that the regulations should not be made2:—
Citation and commencement
1. These Regulations may be cited as the Noise Insulation (Railways and Other Guided Transport Systems) Regulations 1996 and shall come into force on 1st March 1996.
Interpretation
2.—(1) In these Regulations except where the context otherwise requires—
“the Act” means the Land Compensation Act 1973;
“additional works” means works of a relevant system installed alongside, above or below existing works of the same relevant system;
“altered works” means works relocated in either the horizontal or vertical plane, or both, otherwise than as a result of reballasting, remodelling or renewal of the permanent way or, where the relevant system does not employ permanent way, any equivalent operation carried out in connection with apparatus corresponding thereto, but does not include additional works;
“building” includes part of a building;
“claimant” means a person who accepts an offer made under regulation 10;
“the commencement date” means the date of coming into force of these Regulations;
“the day-time period” means the period of 18 hours between 0600 hours and midnight;
“dB(A)” means a measure of sound pressure level (“A” weighted) in decibels as specified in British Standard number BS EN 60651: 1994;
“eligible building” has the meaning assigned to it in regulation 7;
“eligible room” means a living room or a bedroom having a qualifying door or a qualifying window in an eligible building;
“facade” means an outer wall of a building;
“guided transport” has the meaning assigned to it in the Transport and Works Act 19923;
“initial works” means works of a relevant system which are not in replacement of, additional to, or an alteration to, any existing works of that relevant system;
“insulation work” means work carried out to insulate a building against noise, including work making provision for ventilation and solar control;
“LAeq” means the equivalent sound level, in dB(A), of a steady sound which, over a specified period and at a specified position, would deliver the same noise energy as the intermittent or time-varying sound which actually occurs;
“LAeq (day-time)” means the LAeq over the day-time period;
“LAeq (night-time)” means the LAeq over the night-time period;
“the night-time period” means the period of 6 hours between midnight and 0600 hours;
“prevailing day-time noise level” means the level of noise caused by the movement of vehicles using any relevant system, expressed as a level of the LAeq (day-time), immediately before the construction of initial works or additional works or the carrying out of altered works, as the case may be, was begun;
“prevailing night-time noise level” means the level of noise caused by the movement of vehicles using any relevant system, expressed as a level of the LAeq (night-time), immediately before the construction of initial works or additional works or the carrying out of altered works, as the case may be, was begun;
“qualifying door” has the meaning assigned to it in Schedule 1;
“qualifying window” has the meaning assigned to it in Schedule 1;
“railway” has the meaning assigned to it in the Transport and Works Act 1992;
“relevant date” means the date on which initial works, additional works or altered works, as the case may be, completed on or after the commencement date, were first used after their completion;
“relevant noise level” means the level of noise, expressed as a level of LAeq (day-time) or LAeq (night-time), as the case may be, caused or expected to be caused, by the movement of vehicles using, or expected to use, works forming part of the relevant system concerned or, if there is more than one such system, those works and the works of such other system or systems, as the case may be;
“the relevant specifications” means such of the items specified in Parts II and III of Schedule 1 as are applicable in the circumstances of the case;
“relevant system” means a transport system to which, in accordance with regulation 3, these Regulations apply;
“remodelling” means relocation of trackwork within lateral limits constituted by the outer running rails of the outermost tracks of a set of tracks or, where the relevant system concerned does not employ trackwork, track or rails, relocation within equivalent limits of apparatus corresponding thereto;
“responsible authority” means the person managing the works in question;
“specified day-time level” means a noise level of 68 dB LAeq (day-time);
“specified night-time level” means a noise level of 63 dB LAeq (night-time);
“traffic flow” means all the planned movements of vehicles over part or the whole of a relevant system during a 24-hour period;
“tramway” has the meaning assigned to it in the Transport and Works Act 1992;
“vehicle” includes mobile traction unit; and
“works” means the permanent way or corresponding apparatus used to support or guide a vehicle operating on a relevant system.
(2) For the purposes of these Regulations, where—
(i) (a)
(i) (a) works have ceased to be used for the movement of vehicles consequent upon the closure of the relevant system concerned, or the relevant part thereof, under an enactment (whether or not all or any part of the works remain in existence); and
(ii) application is made for legislative authority to construct new works, which works would adopt the same relevant system and would follow the same, or substantially the same, alignment as that adopted by the works which are the subject of the closure; and
(iii) such application is received by the body appropriate to grant such authority within 5 years of the date on which consent was given for the closure to take place,
the works which are the subject of the application shall not be regarded for the purpose of these Regulations as initial works, additional works or altered works;
(i) (b)
(i) (b) works have been totally removed, or removed to a substantial extent, or made incapable of use for the movement of vehicles on the relevant system, but have not been the subject of closure proceedings under any enactment; and
(ii) application is made for legislative authority to construct new works, which would adopt the same relevant system and would follow the same, or substantially the same, alignment as that adopted by the works removed or made incapable of use; and
(iii) such application is received by the body appropriate to grant such authority within 5 years of the date on which such removal was begun or the works were made incapable of use,
the works which are the subject of the application shall not be regarded for the purpose of these Regulations as initial works, additional works or altered works.
(3) In these Regulations, references to “movement”, when used in respect of railway or tramway vehicles, are to be construed as excluding shunting operations, being movements for the purpose of marshalling, repositioning or segregating such vehicles.
(4) In these Regulations—
(a)
(a) any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations; and
(b)
(b) any reference to a numbered or lettered paragraph or sub-paragraph is a reference to the paragraph or sub-paragraph bearing that number or letter in the regulation or paragraph of the Schedule in which the reference occurs.
Application of the Regulations
3.—(1) These Regulations apply in respect of initial works, additional works or altered works forming part of a transport system of any of the following kinds—
(a)
(a) a railway;
(b)
(b) a tramway;
(c)
(c) a system using a mode of guided transport described in Schedule 2;
provided or used in the exercise of statutory powers.
(2) These Regulations do not apply in respect of noise resulting from ground-borne vibration.
Duty to carry out insulation work or to make grants
4.—(1) Subject to and in accordance with the provisions of these Regulations, the responsible authority shall carry out, or make a grant in respect of the cost of carrying out, insulation work in or to any eligible building when on or after the relevant date the movement of vehicles using, or expected to use, initial works or additional works, as the case may be, causes, or is expected to cause, noise at a level not less than the level referred to in either sub-paragraph (a) or sub-paragraph (b) of paragraph (2).
(a)
(a) (2) When the movement of the vehicles takes place during the day-time period, noise is at a level for paragraph (1) to apply if—
(i) the relevant noise level is greater by at least 1 dB(A) than the prevailing day-time noise level and is not less than the specified day-time level; and
(ii) the noise caused, or expected to be caused, by that movement makes an effective contribution to the relevant noise level of at least 1 dB(A).
(b)
(b) When the movement of the vehicles takes place during the night-time period, noise is at a level for paragraph (1) to apply if—
(i) the relevant noise level is greater by at least 1 dB(A) than the prevailing night-time noise level and is not less than the specified night-time level; and
(ii) the noise caused, or expected to be caused, by that movement makes an effective contribution to the relevant noise level of at least 1 dB(A).
(3) The noise levels referred to in paragraphs (1) and (2) shall in...
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