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Noise from Building Sites
Noise from Building Sites
The redevelopment of a site involving demolition and construction activities will inevitably cause a degree of conflict with neighbouring residential and/or commercial properties.
Where large sites are undergoing development, construction activities may last for a considerable period of time. Our role is to ensure that the redevelopment is carried out with a reasonable balance between your rights to the reasonable use and enjoyment of your property and the rights of the developer to complete the works without undue restrictions being imposed.
Where you are affected by site activities site managers often welcome the opportunity to resolve the problem directly with you. Some site managers and residents build up a ‘working relationship’, which brings about advantages for both parties and you may wish to consider contacting the site manager to discuss any problems that you may have.
If you feel suitably aggrieved by activities on a site you can contact us and we will investigate your complaints and using our powers action may be possible to reduce the disturbance caused.
Noise
Complaints are often made in relation to noise at unsociable hours of the day. The Control of Pollution Act 1974 gives us the power to serve a Notice upon contractors/developers which sets out how works should be carried out in order to minimise noise arising from demolition/construction activities. Control of site noise 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 shall only be carried out between the following hours:
Mondays - Friday
0800 - 1800
Saturdays
0800 - 1300
Sundays and Bank Holidays
No Noisy Work
If you are experiencing noise from the site outside the above hours you should contact us.
Officers will bring the matter to the attention of the site manager and where necessary serve a Notice. Your identity will not be disclosed.
In cases where continued noise is experienced outside the hours, officers will monitor the site as frequently as resources permit. If sufficient evidence becomes available to demonstrate that the contractor has failed to comply with the requirements of the Notice and can offer no ‘reasonable excuse’ (a defence in law) the matter will be referred to the Director of Legal Services. Upon advice, proceedings may be brought against the contractor. In such situations you may have been asked to complete a noise dairy detailing noisy works outside the permitted hours and if legal proceedings are taken we may ask you to provide a Witness Statement and to assist in providing evidence before the Court in any prosecution we may bring.
In some situations noisy working outside the hours may be permitted or the contractor may be able to demonstrate a defence of ‘reasonable excuse’. These cases are usually rare and are normally the subject of agreement/negotiation with us to ensure that you are protected as much as the law permits.
Noise from work during the permitted hours may be difficult to control, however the contractor is required to demonstrate that he is taking the Best Practicable Means to minimise the noise generated.
Smoke
Depending upon the type and nature of the site that is being re-developed there may be a need for the removal of large amounts of waste, particularly during the demolition phase. Whereas some developers/contractors will recycle and re-use as much waste as possible and have cleared vegetation taken away from the site there are others who will opt to burn as much as possible to reduce costs. While this would seem unreasonable it is not an offence, in principle, and unless under the planning consent there has been a condition imposed prohibiting the lighting of fires on site we are not able to stop bonfires.
The Environmental Protection Act 1990 however gives us the power to control smoke arising from burning waste on site. In cases where complaints have been received, or we have reason to believe that burning is to take place and nuisance is likely to occur, an Abatement Notice may be served upon the contractor prohibiting nuisance and specifying steps to be taken to minimise further disturbance. While the Notice cannot require the prohibition of further bonfires it is often the case that contractors would not wish to risk breaching the Notice and may decide to cease burning. Where further uncontrolled burning takes place officers will monitor the site as frequently as resources permit and action may be taken against the contractor on a similar basis as outlined for contravening the Notice controlling hours of noisy working above. You may also be asked to complete a Witness Statement.
In addition to the above, under the Clean Air Act 1993, it is an offence to burn any material which results in the emission of dark smoke. Such items would include, rubber, bituminous materials, carpets, plastics, upholstery and insulation materials and you should contact us if you observe dark smoke from the site.
Because it is not an offence to burn site waste it must therefore be accepted that a certain amount of smoke has to be experienced before formal action is possible. For a Notice to be served we must be satisfied that smoke from the site is or is likely to cause a Statutory Nuisance. A Statutory Nuisance is the material interference with the use and enjoyment of a person’s property. Unlike noise, smoke is not measurable and officers will make a subjective judgement on whether Nuisance exists on the basis of the amount of smoke caused, frequency and duration. Where an investigating officer is not of the opinion that Nuisance is being caused the site will be monitored
Dust
Dust is a common source of disturbance during both demolition and construction phases. It may result from a specific activity or process, or generally from the movements of vehicles on site. It is a greater problem during periods of dry, windy weather where site managers may have genuine difficulties in controlling dust to reasonable levels. Like the control of smoke from bonfires formal action is possible by us by the service of an abatement notice where excessive dust is generated.
The control of dust is sometimes difficult and the problems facing the contractor are recognised, however they are required to take all reasonable steps to minimise it and we can issue specific guidance. As with smoke, it may be the view of the investigating officer that the amount of dust arising from the site is not unreasonable and Nuisance is not being caused. In such cases the site will be monitored to ensure continuing adherence to best practice to keep dust to the minimum.
Other issues
We have no control over issues involving vehicle movements to and from the site.
The Directorate of Environmental Services provides a number of services that may be useful.
For enquiries/complaints about mud and spillage on the road, obstructions to the highway or pavement, planning control or the protection of trees (Tree Preservation Orders) please telephone 020 8547 5929.
The Health and Safety Executive are responsible for the enforcement of health and safety on site. They may be contacted on 020 7556 2100.