Spelthorne Borough Council

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Ashford, Laleham, Shepperton, Staines, Stanwell & Sunbury

Noise and planning - advice for businesses

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This advice has been written to aid potential applicants submitting a planning application that has potential noise implications to understand how matters of noise are addressed. General queries about the planning process are best directed to planning.
If you are submitting a planning application to the Council, either for change of use or a new development, this advice may help you. It is important consider any potential noise problems that may arise as a result of your proposed application. Consider noise at the planning stage Excessive noise can have a serious impact on the health and wellbeing of local residents. Noise can lead to annoyance, irritability and/or sleep disturbance. Where noise problems arise as a result of a development, Environmental Health may take action under the Environmental Protection Act 1990. This could result in a legal notice being served - if the noise amounts to a statutory nuisance - and could result in prosecution if the matter is not resolved. It is often more cost effective to consider noise at the planning stage and design-out any potential noise problems before they arise. If properly considered, noise problems can be resolved at the planning stage which should save any unnecessary waste of time and money. It also enables a new development/business to have a better profile within the local community. Before submitting an application Before you submit a planning application, think noise. If noise is likely to be an issue you are strongly advised to enter into a pre-application discussion with Planning. (Note: There is a fee associated with pre-applications). Planning will consult with Environmental Health on matters of noise and any issues can be identified early and appropriate acoustic measures can be designed prior to submission of your application. In some cases a Noise Impact Assessment by a suitably qualified acoustician will need to be submitted as part of a local requirement to validate your application. Noise Impact Assessment Application proposals that raise issues of disturbance or are considered to be in a noise sensitive area should be supported by a noise impact assessment prepared by a suitably qualified acoustician. Upon receipt of application, Planning will consider whether noise problems may arise from the development, and will consult with Environmental Health. Typical consultations that Environmental Health are consulted on: Sources of guidance and help that is available If noise is likely to be a factor in your planning application, you need to consider its likely impact on the local community, and if necessary, what controls will be put in place to ensure that the community will not be unduly impacted. What to submit as part of an application Some complex or large scale developments may require a full Environmental Impact Assessment (EIA) and such developments are defined in the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 and the Town and Country Planning (Environmental Impact Assessment) Regulations 1999. Any EIA must include references to the noise impact of the proposal. Other large and medium scale projects will often employ professional acoustic consultants to provide advice on noise issues. Small Scale Project Smaller scale projects e.g. a corner shop installing an air conditioning unit, where there may not be a budget to employ an acoustic consultant, will need to assess as far as possible any likely impact from noise on the surrounding community. In this example, the following could be considered and included as part of the application: Change of use If your application involves a change of use for a commercial premises or a change in the hours of operation for a business, you may need to consider the following as part of your application: Conditions Planning will make a decision on whether the application will be granted or refused. Some planning applications may be granted with conditions. Environmental Health having been consulted, may make a recommendation to Planning that if they were to grant the application, conditions relating to noise control are attached so as to mitigate any noise impact on the community. Noise during the construction phase If there are residential properties close to your development, you will need to consider how noise will be controlled during the construction phase. The Council recommends that noisy activities should not be carried out on site, outside the following hours: Monday to Friday 8am-6pm
Saturday 8am-1pm
Not at all on Sundays or Bank Holidays
Where complaints are received from members of the public about noise from the site, a legal notice may be served under the Control of Pollution Act 1974 to formally restrict the time for noisy works.
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