Principal Legislation - Noise and Nuisance

Relevance: Controls on noise and aspects of operations that cause (or could cause) a nuisance. Statutory nuisance itself can include noise and vibration, but also smoke, dust, steam, odour, accumulations or deposits, and other aspects of industrial, trade or business premises which are prejudicial to health or a nuisance (e.g. have amenity impacts), and have been defined as nuisance by an Act of Parliament.

The statutory nuisance regime is set out in Part III of the Environmental Protection Act 1990. This is the primary regulatory control for noise and vibration. However, there are provisions in the Control of Pollution Act 1974 - Part III that apply to noise (e.g. noise control on construction sites).

NOTE: The Pollution Prevention and Control Regulations, which introduced the Integrated Pollution Prevention and Control regime also introduced a requirement for the assessment of noise levels and management in permit applications.

Environmental Protection Act 1990 (EPA 90) - Part III as amended by the Noise and Statutory Nuisance Act 1993

EPA90 is the principal law on statutory nuisance, consolidating and updating earlier legislation.

Section 79 of EPA90 defines which matters constitute statutory nuisance and this includes noise emitted from premises so as to be prejudicial to health or a nuisance. Noise includes vibration.

Part III of EPA 90 enables Local Authorities or private individuals to take action to secure abatement of any such nuisance. There are also provisions for preventing a nuisance occurring or an intermittent nuisance recurring. Only one person need be affected for action to be possible.

Local Authorities have a duty to inspect their areas from time to time to detect existing or potential nuisances. They are also required to take steps to investigate complaints (e.g. from the public). Action by the Local Authority can result in an abatement notice being issued. Action by individuals is through the Magistrates’ Court and can result in a court order being served to abate or prohibit the nuisance.

Section 80 of EPA 90 sets out the defence that the ‘Best Practicable Means’ were used to prevent or counteract the nuisance. This defence is available for most industrial situations. ‘Practicable’ incorporates such factors as local conditions and circumstances, the current state of technical knowledge and financial implications.

Statutory Nuisance (Appeals) Regulations 1995 (SI 1995/2644) as amended by SI1996/2019

Set out the grounds for appeals (including the use of ‘Best Practicable Means’) and define the procedural requirements.

Public Health Act 1936

Section 259 makes certain water pollution matters statutory nuisances. This applies to any pond, pool, ditch, gutter or watercourse that is so foul or in such a state to be prejudicial to health or a nuisance. It also applies to watercourses that are so choked up or silted to obstruct or impede the proper flow of water thus causing a nuisance or giving rise to conditions prejudicial to health.

Such nuisances are dealt with under the provisions of EPA90 - Part III.

Noise and Statutory Nuisance Act 1993

Amends EPA90 to make noise in a street a statutory nuisance, including noise emitted from or caused by a vehicle, machinery or equipment. It also contains provisions for loudspeakers and audible intruder alarms and further amends EPA90 so that Local Authorities can recover expenses they incur in abating a nuisance.

Control of Pollution Act 1974 (COPA74) - Part III

Sections 60 and 61 deal with the control of noise from construction sites. Provisions allow Local Authorities to serve notices setting out the requirements on how construction works are to be carried out. Those carrying out the work may apply for a consent to carry out these activities. If granted the conditions in the consent must be met.

COPA74 Part III also provides for Noise Abatement Zones to be designated by the Local Authority. Acceptable noise levels are specified (registered) for these zones and must not be exceeded.

Section 71 of the COPA enables the Secretary of State for the Environment to draw up Codes of Practice for giving guidance on the appropriate methods for minimizing noise in relation to specialized types of plant and machinery. Codes of Practice issued under S71 include measures for construction and open sites SI 1984/1992, SI1987/1730. Compliance with a Code Practice drawn up under section 71 can also act as defence against a nuisance action.