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Section 61 Consent

Control of Pollution Act 1974 (CoPA) noise from construction sites and prior consent (section 61)

The Control of Pollution Act 1974 (COPA) allows local authorities to control construction noise through two main sections: Section 60, where the authority can impose conditions on a site, and Section 61, where the contractor applies for consent to work.

Normal working hours are:

  • Monday to Friday, 8am to 6pm
  • Saturday, 8am to 1pm

Sundays and bank holidays are considered outside normal working hours.

Section 61 allows a contractor to apply for Prior Consent, agree working hours, sites noise levels and other measures prior to work starting. The underlying principle is that Best Practicable Means (BPM) is being adopted.

Where a Section 61 Prior Consent has not been granted, Section 60 allows the Local Authority to serve a notice where noise is causing complaints requiring the contractor to control site noise levels.

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; and

(d) any work of engineering construction (whether or not also comprised in (a), (b) or (c) above)

A Section 61 application should be submitted at least 28 days before works start if the works will be noisy outside of normal working hours. For larger sites or lengthy works, it is recommended that a draft application is submitted in plenty of time to allow adequate time for engagement prior to submitting a full application.

How to apply

Please contact [email protected] for a Section 61 Prior Consent application form and guidance notes.

When applying, you are advised to include as much information as possible to avoid any delays in granting the consent.

The Local Authority will consider applications within 28 days of receipt in accordance with the CoPA. Any application submitted later may not be granted.

For further information please contact [email protected]