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Optional Enquiry 10: Noise Abatement

Document Cited authorities 7 Cited in Related
Vincent
AuthorKeith Pugsley/Ken Miles
Pages141-144
Optional Enquiry 10: Noise Abatement

Noise abatement zone
10.1. Has the local authority made, or resolved to make, any noise abatement zone order under s. 63 of the Control of Pollution Act 1974 for the area?

Entries in register

10.2. Has any entry been recorded in the Noise Level Register kept pursuant to s. 64 of the Control of Pollution Act 1974?
10.3. If there is any entry, how can copies be obtained and where can that Register be inspected?

This optional enquiry relates to noise abatement zone orders made, or proposed to be made, by the council. It may be asked by a buyer who intends to carry out on the property industrial or other operations which may cause above-average noise levels.

Part III of the Control of Pollution Act 1974 contains part of the code of statutory control of noise nuisance, most of it now being contained in the Environmental Protection Act 1990, the Noise and Statutory Nuisance Act 1993 and the Noise Act 1996. Councils may serve noise abatement notices on persons responsible for creating noise nuisances, or on the owners and occupiers of premises from which noise is emitted. These notices may require the abatement of the nuisance. Failure to comply with such a notice amounts to an offence punishable by fine. There are particular provisions for the control of noise on construction sites (noisy operations or machinery) and for the control of noise in streets (loudspeakers, etc.).

OPTIONAL ENQUIRY 10.1: NOISE ABATEMENT ZONES

Under section 63 of the Control of Pollution Act 1974 (now repealed by the Deregulation Act 2015), the council could make an order, known as a noise abatement zone order, designating all or part of its area as a noise abatement zone. The order specified the classes of premises to which it was to apply, and these classes of premises were then subject to the noise control provisions of the Act once the order was made.

Before making an order, the council had to serve a notice on owners and occupiers of all premises of the class which would be affected in the area to be covered. Notice had also to be published in the London Gazette and the local newspapers. This notice had to state the council’s proposals to make the order and its general

142 Enquiries of Local Authorities and Water Companies

effect. It would also specify a place (normally the council offices) where a copy of the order and the accompanying map could be inspected free of charge at all reasonable times for at least 6 weeks. This notice gave those...

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