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:
new housing developments near existing noise sources e.g. busy roads or railway lines
change of use e.g. an office to a bar
flat conversions. Adequate sound insulation is required to protect against noise, particularly where there is a mix of residential and business
installation of noisy machinery e.g. air conditioning units
other applications with potential for noise which will impact upon local residents
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.
Planning Policy Guidance 24 (PPG 24) This guidance is used to determine whether or not a site is suitable for residential development in terms of noise.
BS 4142: 1997 Method for rating industrial noise affecting mixed residential and industrial areas This British Standard can be used to assess the likelihood of complaints arising from the installation of a new industrial noise source e.g. new air conditioning or refrigeration units.
BS8233: 1999 Sound insulation and noise reduction for buildings This British Standard provides information on the design of internal acoustics for buildings. Environmental Health would normally recommend that noise reduction measures are put in place that will achieve the "good" internal noise levels in bedrooms and living rooms set out in the standard.
World Health Organisation Community Noise Guidelines 2000 This guidance describes the impacts on health that may arise as a result of exposure to noise and recommends noise levels within residential properties
Acoustic Consultants Acoustic consultants can be commissioned to conduct an assessment of the existing noise climate, make predictions about noise levels that will arise from the development and/or give expert advice about noise control. The professional bodies for acoustic consultants are the Institute of Acoustics and the Association of Noise Consultants and you can search for registered consultants on their websites.
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:
hours of operation of the air conditioning unit
location of the nearest noise sensitive premises
the noise output of the air conditioning unit to be installed (manufacturers will supply this data)
acoustic treatments to be used, e.g. anti-vibration mounting, acoustic enclosures
any other relevant information that would help support the application and provide evidence that the project is not going to have a detrimental impact on the surrounding community.
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:
change of use - if in changing the use of the business there is likely to be a change in the noise arising from the business, e.g. a retail unit turning into a bar, you will need to consider this in your application and include details of any potential noise control measures, e.g. improvements to sound insulation, noise limiters, lobby doors, double glazing, noise management plan.
change in the hours of operation - you will need to check with Planning whether there are any conditions relating to the hours of operation on the current planning permission. If there are restrictions on the hours of operation and you plan to open beyond this you will need to submit an application to vary the condition. You should be aware that the community will be more sensitive to noise after 10:00 hrs and before 07:00 hrs and additional control measures may be required if the new business will be producing noise during this time. This needs to be addressed in the planning 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.
