Noise control
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Conditions
15. The appropriate use of planning conditions can enable many development
proposals to proceed where it would otherwise be necessary to refuse permission.
General advice on the use of conditions is contained in DOE Circular 1/85.
Conditions should only be imposed where they are:
necessary
relevant to planning
relevant to the development to be permitted
enforceable
precise
reasonable in all other respects.
16. Some examples of model conditions are given in Annex 4, but local planning authorities should give careful consideration to the individual circumstances of each application before imposing any conditions. In particular, authorities should not use the opportunity presented by an application for minor development to impose conditions on an existing development, which already enjoys planning permission. In the case of aerodromes, for example, limits on hours of operation and the number and type of aircraft may be applied to new aerodromes, but in the case of existing aerodromes they should only be sought where the proposed development is likely to have a material effect on use.
17. Where it is proposed to grant permission for noise-sensitive development in areas of high ambient noise, planning conditions should be imposed to ensure that the effects of noise are mitigated as far as possible. For example, intervening buildings or structures (such -as garages) may be designed to serve as noise barriers. In some cases sound insulation measures may be considered appropriate. However, it should be remembered that the sound level within a residential building is not the only consideration: most residents will also expect a reasonable degree of peaceful enjoyment of their gardens and adjacent amenity areas.
18. There will also be circumstances when it is acceptable - or even desirable in order to meet other planning objectives - to allow noise generating activities on land near or adjoining a noise-sensitive development. In such cases, local planning authorities should consider the use of conditions or planning obligations to safeguard local amenity. Care should be taken to keep the noisiest activities away from the boundary or to provide for measures to reduce the impact of noise. Authorities should also take into account the fact that the background noise level in some parts of suburban and rural areas is very low, and the introduction of noisy activities into such areas may be especially disruptive.
19. Where an authority's planning objectives cannot be achieved by imposing a planning condition (because, for example, they require the developer to make a financial contribution, or they relate to development, roads or buildings other than those covered by the planning application), it may be appropriate to enter into a planning obligation under section 106 of the Town and Country Planning Act 1990 (as substituted by section 12 of the Planning and Compensation Act 1991). Advice on the use of such obligations is given in DOE Circular 16/91. Designated areas and the countryside
20. Special consideration is required where noisy development is proposed in or near Sites of Special Scientific Interest (SSSIs). Proposals likely to affect SSSIs designated as internationally important under the EC Habitats or Birds Directives or the Ramsar Convention require extra scrutiny. Further advice will be given in a forthcoming PPG on Nature Conservation. Special consideration should also be given to development which would affect the quiet enjoyment of the National Parks, the Broads, Areas of Outstanding Natural Beauty or Heritage Coasts. The effect of noise on the enjoyment of other areas of landscape, wildlife and historic value should also be taken into account.
21. In some cases, noisy development may have a serious effect on the welfare of livestock on nearby farms. The degree to which different species will be affected will vary, so, when considering applications which could affect livestock, local planning authorities may wish to consult the Ministry of Agriculture, Fisheries and Food (Land Use Planning Unit).
Environmental Assessment
22. EC Directive 85/337 requires environmental assessment (EA) for certain
types of project to be carried out before planning permission is granted.
It has been implemented for projects that require planning permission by
the Town and Country Planning (Assessment of Environmental Effects) Regulations
1988. For a limited number of projects listed in Schedule 1 to the Regulations,
such as major aerodromes, EA is required in every case; for a wider range
of projects listed in Schedule 2 to the Regulations, including local roads,
other new aerodromes, industrial estate development, disposal of non-toxic
waste and mineral extraction, EA is required if the proposal is likely to
have significant environmental effects. Where EA is required, the likely
effects of noise will be one of the considerations to be dealt with in the
environmental statement prepared by the developer and submitted to the local
planning authority with the planning application.