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NOISE

NOISE. Mrs HARRIET TOWNSEND 2-3 GRAY’S INN SQUARE. Directive 2002/49/EC 25 June 2002. The assessment and management of environmental noise Article 1

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NOISE

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  1. NOISE Mrs HARRIET TOWNSEND 2-3 GRAY’S INN SQUARE

  2. Directive 2002/49/EC 25 June 2002 The assessment and management of environmental noise Article 1 “The aim of this Directive shall be to define a common approach intended to avoid, prevent or reduce on a prioritised basis the harmful effects, including annoyance, due to exposure to environmental noise. To that end the following actions shall be implemented progressively: • the determination of exposure to environmental noise, through noise mapping, by methods of assessment common to the Member States; • ensuring that information on environmental noise and its effects is made available to the public; (c) adoption of action plans by the Member States, based upon noise-mapping results, with a view to preventing and reducing environmental noise where necessary and particularly where exposure levels can induce harmful effects on human health and to preserving environmental noise quality where it is good.”

  3. Environmental Noise (England) Regulations 2006 Regulation 1 (4) These Regulations apply to environmental noise to which humans are exposed in particular in built-up areas, in public parks or other quiet areas in an agglomeration, near schools, hospitals and other noise-sensitive buildings and areas. (5) These Regulations do not apply to noise that is caused by the exposed person himself, noise from domestic activities, noise created by neighbours, noise at work places or noise inside means of transport or due to military activities in military areas

  4. Environmental Noise (England) Regulations 2006 The major sources of noise are major roads, railways, airports, agglomerations 31 December 2006 Identify all first round major sources of noise [done 17 March 2007] 30 June 2007 strategic noise maps 30 September 2007 quiet areas within first round agglomerations 1 October 2007 consolidated noise map 18 July 2008 Action Plans 31 December 2011 identify all major sources of noise

  5. Noise Nuisance Environmental Protection Act 1990 s79-82 s79 • (g) noise emitted from premises [which includes land] so as to be prejudicial to health or a nuisance; • (ga) noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery, or equipment in a street [added by the Noise and Statutory Nuisance Act 1993]. This category expressly excludes noise made by traffic, military forces, or a political/campaigning demonstration [ss(6A)]. Section 80A deals with the obvious difficulties involved in identifying the appropriate person to serve with a notice in such cases. • R (Vella) v Lambeth LB [2005] EWHC 2473 Admin

  6. Noise Nuisance Abatement notice no longer mandatory for noise nuisance where alternative steps are successful within 7 days. Falmouth and Truro Port Health Authority v South West Water Services [2001] QB 445 Woods v Sevenoaks District Council [2004] EWHC 1511 Admin. Moreno Gomez v Spain (2005) 41 EHRR 40 Review of the Use of Noise Abatement Notices served under s80, by Rupert Taylor

  7. Control of Pollution Act 1974 • CoPA 1974 s60 – power to serve a notice specifying machinery, hours of work and levels of noise in relation to construction • CoPA 1974 s61 – power to approve application setting out works, methods and steps to minimise noise. • CoPA 1974 s62 (as amended) loudspeakers in the street: offence. • Westminster City Council v French Connection [2005] EWHC 933 (Admin)

  8. The Noise Act 1996 • noise nuisance at night (11pm – 7am) • Triggered by complaint • “the permitted level” set by SoS – Circular 7/97 but under review • warning notice – once served exceeding permitted level is an offence • Fixed penalty notices • Powers of seizure • Extended to noise emitted by licensed premises

  9. Clean Neighbourhoods and Environment Act 2005 • Designation of “alarm notification areas” • The responsible person – occupier or owner • Notify name address and telephone number of nominated Key holder • Powers of entry • Warrant authorising use of force to gain entry

  10. - Mrs HARRIET TOWNSEND -

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