Guidance for Developers

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1.0    Introduction

This Guidance has been prepared to assist developers and contractors to undertake construction and demolition works in a manner which will minimise the disturbance to neighbours in the vicinity of their site.  Adherence should ensure that disturbances from noise, vibration, dust and smoke caused by all site activities are controlled to an acceptable level.  

Our objective is that all development works proceed with minimum disruption to the developer and public alike. However we have a duty to enforce the legislation listed below where guidance is not being followed or nuisance is being caused and will not hesitate to implement formal action to protect public amenity when appropriate.

• The Control of Pollution Act 1974
• The Environmental Protection Act 1990
• The Clean Air Act 1993

It is therefore in your interest to be aware of your statutory responsibilities in regard to environmental protection.

2.0    Control of Noise

The Control of Pollution Act 1974 gives Local Authorities the power to serve a Notice Imposing Requirements upon contractors and developers which sets out how works should be carried out in order to minimise noise arising from a number of defined activities which include, works of demolition and construction and repair and maintenance of buildings. Although there is provision to specify maximum noise levels permitted from the site, control is usually exercised by restricting the hours of noisy operations. This applies to any noisy activity and ensures that noise from the site which is audible beyond the site boundary, or at any such place agreed by us, shall only be carried out between the following hours:

MONDAYS to FRIDAYS                        8am to 6pm

SATURDAYS                                      8am to 1pm

SUNDAYS AND BANK HOLIDAYS          NO NOISY WORK

In practical terms, as long as no planning conditions apply restricting actual working hours, we would not object to the presence of workers on site outside these hours provided they are engaged only in non-noisy operations. For this reason, strict control must be exercised at all times and a person in authority must be nominated to ensure that the restrictions are not breached.  

2.1    Deliveries to Site

The requirements of a Notice will also apply to deliveries of plant or materials to, and collections from, the site. It is recognised that such activities often take place prior to 8am. However, in cases where the site is adjacent to residential properties this practice would not be acceptable. In circumstances where noise from out-of-hours deliveries leads to complaints, it would be expected that contractors would actively prevent access to the site outside of the permitted hours. Should this cause obstructions to the highway, the vehicle should be brought onto site and the engine turned off. No loading/unloading should take place until 8am, unless it is possible to load/unload without causing noise audible beyond the site boundary. Where persistent problems of delivery vehicles arriving too early exist it is expected that written instructions are given to offending companies of the restrictions that exist on the site.

2.2    Noisy work outside the specified hours

In cases where noisy work is likely to arise outside the permitted hours, we will require notice, in writing, at least 72 hours in advance. The application should detail the nature and reason for the works and the proposed timetable. Each application will be considered on its own merits and a decision will usually be made within 24 hours.

2.3    Best Practicable Means Defence

It is a requirement that plant and machinery used on the site shall be properly silenced and that the best practicable means to reduce noise to a minimum shall be employed at all times. In particularly noise sensitive areas, or if plant needs to operate at night, more stringent requirements may be imposed. The contractor should demonstrate best practice by adopting the recommendations of:

British Standard 5228:2009 – Code of practice for noise and vibration control on construction and open sites.

BRE Pollution Control Guide - Controlling particles, vapours and noise pollution from construction sites

The Clean Air Act 1993, subject to certain specifc exemptions and control provisions, prohibits the emission of "dark" smoke from any industrial or trade premises.  In addition the Environmental Protection Act 1990 empowers a Local Authority to take action when smoke of any type is causing or likely to cause a Statutory Nuisance to the inhabitants of a neighbourhood.

We view the indiscriminate burning of construction or demolition waste as a serious environmental issue and will not hesitate to take formal action where a contractor fails to observe good practice.  Unless the Planning Department have attached conditions to the planning consent prohibited the burning of waste materials on site, burning should only take place in exceptional circumstances when all other disposal options have been considered.  The contractor should demonstrate best practice by adopting the recommendations of the BRE Pollution Control Guide - Controlling particles, vapours and noise pollution from construction sites.

In cases where we have received complaints, or we have reason to believe that burning is to take place and nuisance is likely to occur, we will serve an Abatement Notice upon the contractor prohibiting nuisance and specifying steps to be taken. These are as follows:

• There must be no other reasonably safe and practicable method of disposable
• Only waste produced on site can be burnt, it is not permissible to import wood from other sites·Waste timber produced on site which may have been treated for dry and wet rot must not be burnt, due to the possible release of pollutants such as dioxins
• Bonfires should be sited as far away as possible from sensitive boundaries and a safe distance from other flammable waste materials, such as trees and hedgerows
• The burning must be carried out under direct and continuous supervision by a nominated employee with access to a fire extinguisher and a supply of water from a mains supply or dowser on hand in case of emergency
• Bonfires should not be lit on windy days unless the direction of the wind allows the smoke to be taken away from sensitive properties
• Prior to burning, waste materials should be sorted and separated to ensure that incorrect burning of materials does not take place
• Materials should be dry with a low moisture content.  Do not burn green vegetation. All suitable vegetation should be shredded and/or logged
• The fire should be kept small, hot and well ventilated to minimise the amount of smoke caused. Agitate the base of the fire to improve air supply and combustion.
• Under no circumstances are bituminous materials, rubber, carpets, upholstery, plastics, insulation materials, or any other waste materials that would burn with the emission of dark smoke, to be burnt
• At the end of each working day any bonfire on site is properly extinguished and not left to smoulder.

4.0    Control of Dust

We give high importance to the protection of air quality and have designated the whole Borough as an Air Quality Management Area under the Environment Act 1995. Our Air Quality Action Plan attaches particular emphasis to reducing the emission of fine particles into the atmosphere and local emission sources from demolition and construction works have been targeted for priority action.

It is an offence under the Environmental Protection Act 1990 to cause nuisance to the inhabitants of the neighbourhood by generating dust.  In cases where we have received complaints, or we have reason to believe that dust may be generated and nuisance is likely to occur, an Abatement Notice may be served upon the contractor.  

When undertaking demolition or construction works during periods of dry and/or windy weather, dust problems often prevail, particularly on sites bordered by residential properties. The Act requires that Best Practicable Means must be taken to prevent dust causing a nuisance and it is the duty of the contractor to demonstrate to us that all reasonable remedial action has been implemented. The following steps should be considered:

• The provision of an adequate water supply - this may require special authorisation from Thames Water
• Buildings or structures being demolished, or small areas of land being prepared for development, should be damped down using high pressure hoses which are adequate in size and number for this purpose. Depending upon weather and site conditions this may need to be a continual task with one or more personnel dedicated to it
• Suitable water bowsers should be used on large areas and on site roads
• Existing features of the site, such as boundary walls, should be utilised to provide screening where practicable. The erection of suitable screening may also need to be considered·
• On sites where a large amount of dust has been generated and is laying on the ground, the services of a specialist vehicle to remove dust (by vacuuming) prior to damping down should be employed
• Where plant movements generate dust, effectively managed speed limits should be imposed and work rescheduled, if necessary. If the nature of the development is such that numerous plant movements are planned across open land, a suitable made-up track should be constructed to minimise the amount of dust generated
• All cutting and grinding operations should incorporate the best available techniques to suppress dust. Standard angle grinders, without appropriate water suppression should not be used to cut materials, such as bricks, slabs and tiles or to rake out mortar joints
• Chutes used to drop materials to ground level should be enclosed and skips covered. Regular water spraying may also be required
• Wheel washing may be necessary to prevent dirt and dust from being spread onto roads in the vicinity of the site - more information about contractor’s duties in this respect may be obtained from the Highway Services Department, Tel: 020 8547 5972.
• Wet processes should be used for all sand, grit or shot blasting operations. Where dry blasting is unavoidable suitable and sufficient screening should be provided.

The contractor should demonstrate best practice by adopting the recommendations of the BRE Pollution Control Guide - Controlling particles, vapours and noise pollution from construction sites and Best Practice Guidance: The Control of dust and emissions from construction and demolition published by the GLA and London Councils

5.0    Control of Noise and Vibration from Piling

Under the provisions of the Control of Pollution Act 1974, it is a general requirement that contractors apply Best Practicable Means in order to minimise noise and vibration arising from piling operations. The contractor should demonstrate best practice by adopting the recommendations of:

British Standard 5228:2009 – Code of practice for noise and vibration control on construction and open sites.

BS6472:1992 – Guide to evaluation of human exposure to vibration in buildings (1Hz to 80Hz)

BS7385: Part 2, 1993 – Evaluation and measurement for vibrations in buildings

BRE Digest 353 (deals specifically with damage to structures from ground borne vibration).

The contractor should be fully conversant with these documents when selecting a piling method. The decision regarding the piling method to be used will normally be governed by such criteria as loads to be carried, strata to be penetrated and economics of the system. However noise and vibration should also be a significant factor and contractors should seek to select a method that is not only suitable for their needs but will cause the least amount of noise and vibration. The contractor should be able to demonstrate to us that not only the chosen method is the most suitable, but that Best Practicable Means are being taken.

Piling operations are a common cause of complaint, particularly where vibrations are felt. If, after suitable investigation and experimentation with alternative piling methods it is agreed that the contractor is taking the Best Practicable Means to minimise noise and vibration, it is expected that the contractor will reach an agreement with local residents/occupiers of commercial properties about the times when piling occurs, as it would not be reasonable for disturbance to occur throughout the entire working day. Where there are concerns about the potential damage that may be caused by vibration to properties it is expected that the contractor will liaise directly with the complainants and, if necessary, employ an expert to measure the vibration generated and give appropriate advice to all parties. In certain circumstances it may be prudent to have a building surveyor inspect residential properties prior to commencement of piling.

It will generally not be acceptable for the contractor to select a method which utilises the unrestricted use of percussive or vibrational energy to drive or extract piles and where suitable conditions exist, piling using these methods should be avoided. It is recognised that despite the correct advice being sought at the planning and design stage, problems of noise and vibration are sometimes encountered on site.  At such a time it is incumbent upon the contractor to modify the selected piling process or to select a different method or a combination of methods to remedy the problem.  It is expected that piling would cease until such time as an acceptable method as been agreed upon.  

Failure to observe Best Practicable Means and allowing the occurrence of excessive noise or vibration, may result in us taking action to restrict or prohibit the works.

6.0    Mobile Crushing Units

The Environmental Permitting (England and Wales) Regulations 2010 require that most activities managing or treating waste should have a permit.  However, there are some exceptions.  These are called exemptions.  Exemptions are waste operations that do not need a permit but do need to be registered.

Most exempt waste operations are registered by the Environment Agency, however local authorities including the Royal Borough of Kingston upon Thames register some waste treatments including Mobile Crushing Units known as T7 activities:

T7 activities are the crushing, grinding or other size reduction of waste bricks, tiles or concrete typically using small-scale/micro crushers and can include some mobile plant.  If you operate mobile plant and your principal place of business is within the Royal Borough of Kingston upon Thames you may obtain an exemption from us, otherwise you should contact your home local authority.  If your principal place of business is outside of the United Kingdom then we can still register your exemption if the activity is to be carried out within our borough.

To qualify as a T7 exempt waste operation the activity must also meet the following criteria:

• The total quantity of waste treated over any period of 1 hour should not exceed 20 tonnes
• The total quantity of waste stored at any one time must not exceed 200 tonnes
• The waste must be stored in a secure location prior to treatment
• Must not release into air certain substance (defined in paragraph 6(3) of Part I of Schedule 1 of the Environmental Permitting (England and Wales) Regulations 2010 except in quantities which are so trivial that it is incapable of causing pollution or its capacity to cause pollution is insignificant

If you carry out the above activities but cannot meet the specific criteria then it is likely that a full permit under the regulations is required.

If your principal place of business is within the Royal Borough of Kingston upon Thames and you need to apply for a permit or register an exempt waste operation please contact the Environmental Health Service for an application form.

y them, in advance, of any events that may be different to normal operations·

Plan work to minimise nuisance. Take steps to control noise, dust and smoke arising from operations on site

Keep roads leading off the site clean and tidy

Implement a formal complaints procedure

Ask site staff not to park in residential roads and implement effective access and traffic management measures for all site vehicles.

8.0    Asbestos

The contractor should consult with the Health and Safety Executive when removing asbestos materials.

9.0    Contaminated Land

When carrying out development work on land with a historic commercial use it is possible that contractors may expose hot spots of ground contamination evident by colour, residue or odour. The contractor should contact us and ensure that contaminated soil is appropriately dealt with according to current guidance and health and safety of workers is maintained.

10.0    Sustainability

In accordance with the GLA Supplementary Planning Guidance on Sustainable Design and Construction 2005 it is recommended that developers produce a waste or recycling plan to ensure that waste materials are identified with the aim of reducing waste as much as possible through reuse or recycling. Best practice procedures for waste plans are also available from the Environment Agency.

11.0    Health and Safety at Work, etc Act 1974

The Health and Safety Executive is the enforcing authority for the above legislation on demolition and construction sites and will be informed of any complaints received regarding possible hazards to the public and/or workforce on site. Your notice is drawn to the requirements of the Act and to the interest this Council has in protecting the public. For further information or advice contact the Health and Safety Executive  (Construction Group), Rose Court, 2 Southwark Bridge, London SE1 4LW. Telephone 020 7556 2100.