Noise control
Introduction
1. Noise can have a significant effect on the environment and on the quality
of life enjoyed by
individuals and communities. The aim of this guidance is to provide advice
on how the planning
system can be used to minimise the adverse impact of noise without placing
unreasonable
restrictions on development or adding unduly to the costs and administrative
burdens of
business. It builds upon the principles established in Circular 10/73 "Planning
and Noise", and
takes account of the recommendations of the Noise Review Working Party which
reported in
October 1990 (HMSO, ISBN 0 11 752343 7). It outlines some of the main considerations
which
local planning authorities should take into account in drawing up development
plan policies and
when determining planning applications for development which will either
generate noise or be
exposed to existing noise sources.
General principles
2. The impact of noise can be a material consideration in the determination
of planning
applications. The planning system has the task of guiding development to
the most appropriate
locations. It will be hard to reconcile some land uses, such as housing,
hospitals or schools,
with other activities which generate high levels of noise, but the planning
system should ensure
that, wherever practicable, noise-sensitive developments are separated from
major sources of
noise (such as road, rail and air transport and certain types of industrial
development). It is
equally important that new development involving noisy activities should,
if possible, be sited
away from noise-sensitive land uses. Development plans provide the policy
framework within
which these issues can be weighed but careful assessment of all these factors
will also be
required when individual applications for development are considered. Where
it is not possible
to achieve such a separation of land uses, local planning authorities should
consider whether it
is practicable to control or reduce noise levels, or to mitigate the impact
of noise, through the
use of conditions or planning obligations.
Noise policies in development plans
3. Where the development plan is material to the development proposal, section
54A of the
Town and Country Planning Act 1990 (inserted by section 26 of the Planning
and
Compensation Act 1991) requires applications and appeals to be determined
in accordance
with the plan, unless material considerations indicate otherwise. Development
plans should
give developers and local communities a degree of certainty about the areas
in which
particular types of development will be acceptable and those in which special
measures may
be required in order to mitigate the impact of noise. Policies on noise
should take account of
the guidance in the rest of this note and in the Annexes: it will generally
be appropriate for
these policies to be set out in Part II of Unitary Development Plans and
in district local plans.
But in some cases (when dealing with strategic issues such as development
of, or near, major
aerodromes, for example) it may be necessary to include some noise policies
in Part I of UDPs
and in structure plans.
4. Where noise policies apply to the plan area as a whole, they should be
set out in the same
way as other general policies. Area-specific noise policies may be useful
in some
circumstances and, in such cases, the relevant boundaries should be illustrated
on the
proposals map. However, it will generally be inappropriate for a proposals
map to show
detailed noise contours as noise emissions may change significantly over
time (eg in the case
of an aerodrome, operational changes may lead to significant variations
in the impact of the
noise on those living in the area).
5. Plans should contain policies designed to ensure, as far as is practicable,
that noisesensitive
developments are located away from existing sources of significant noise
(or
programmed development such as new roads) and that potentially noisy developments
are
located in areas where noise will not be such an important consideration
or where its impact
can be minimised. It may also be appropriate for local planning authorities
to adopt policies to
avoid potentially noisy developments in areas, which have remained relatively
undisturbed by
noise nuisance and are prized for their recreational and amenity value for
this reason.
6. The Secretary of State considers that housing, hospitals and schools
should generally be
regarded as noise-sensitive development, but planning authorities may wish
to include other
developments or uses within this definition, depending on local circumstances
and priorities
and, if so, these should be explained in the development plan.
7. Where it is particularly difficult to separate noise-sensitive development
from noisy activities,
plans should contain an indication of any general policies which the local
planning authority
propose to apply in respect of conditions or planning obligations.
Noise exposure categories for residential development
8. This guidance introduces the concept of Noise Exposure Categories (NECs),
ranging from
A-D, to help local planning authorities in their consideration of applications
for residential
development near transport-related noise sources. Category A represents
the circumstances in
which noise is unlikely to be a determining factor, while Category D relates
to the situation in
which development should normally be refused. Categories B and C deal with
situations where
noise mitigation measures may make development acceptable. Annex 1 illustrates
this
approach in more detail. It also explains why the NEC procedure cannot be
used in the reverse
context for proposals, which would introduce new noise sources into areas
of existing
residential development.
9. The table in Annex 1 contains a recommended range of noise levels for
each NEC covering
day and night-time periods. However, in some cases it may be appropriate
for local planning
authorities to determine the range of noise levels which they wish to attribute
to any or each of
the NECs. For example, where there is a clear need for new residential development
in an
already noisy area some or all NECs might be increased by up to 3-dB (A)
above the
recommended levels. In other cases, a reduction of up to 3 dB (A) may be
justified.
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Development control
Noisy development
10. Much of the development which is necessary for the creation of jobs
and the construction
and improvement of essential infrastructure will generate noise. The planning
system should
not place unjustifiable obstacles in the way of such development. Nevertheless,
local planning
authorities must ensure that development does not cause an unacceptable
degree of
disturbance. They should also bear in mind that a subsequent intensification
or change of use
may result in greater intrusion and they may wish to consider the use of
appropriate conditions.
11. Noise characteristics and levels can vary substantially according to
their source and the
type of activity involved. In the case of industrial development for example,
the character of the
noise should be taken into account as well as its level. Sudden impulses,
irregular noise or
noise which contains a distinguishable continuous tone will require special
consideration. In
addition to noise from aircraft landing and taking off, noise from aerodromes
is likely to include
activities such as engine testing as well as ground movements. The impact
of noise from sport,
recreation and entertainment will depend to a large extent on frequency
of use and the design
of facilities. More detailed advice on factors to consider in relation to
the major noise sources
including roads, railways, airports, industrial and recreational noise and
their measurement is
given in Annex 3. Separate advice on the control of noise from mineral working
sites is
provided in Minerals Planning Guidance Note 11: The Control of Noise at
Surface Mineral
Workings (MPG 11).
Noise-sensitive development
12. Local planning authorities should consider carefully in each case whether
proposals for
new noise-sensitive development would be incompatible with existing activities.
Such
development should not normally be permitted in areas which are - or are
expected to become
-subject to unacceptably high levels of noise. When determining planning
applications for
development which will be exposed to an existing noise source, local planning
authorities
should consider both the likely level of noise exposure at the time of the
application and any
increase that may reasonably be expected in the foreseeable future, for
example at an airport.
Annex 3 gives guidance on the assessment of noise from different sources.
Authorities will
also wish to bear in mind that, while there will be sites where noise is
significantly lower at
night than during the day, other sites may be subjected to night-time noise,
for example from
traffic, at a level which is little below the daytime level. These sites
warrant particular
protection: noise-sensitive development should not normally be permitted
where high levels of
noise will continue throughout the night, especially during the hours when
people are normally
sleeping (23.00 to 07.00).
Measures to mitigate the impact of noise
13. A number of measures can be introduced to control the source of, or
limit exposure to,
noise. Such measures should be proportionate and reasonable and may include
one or more
of the following:
(i) engineering: reduction of noise at point of generation (eg by using
quiet
machines and/or quiet methods of working); containment of noise generated
(eg by
insulating buildings which house machinery and/or providing purpose-built
barriers
around the site); and protection of surrounding noise-sensitive buildings
(eg by
improving sound insulation in these buildings and/or screening them by purposebuilt
barriers);
(ii) lay-out: adequate distance between source and noise-sensitive building
or
area; screening by natural barriers, other buildings, or non-critical rooms
in a
building;
(iii) administrative: limiting operating time of source; restricting activities
allowed
on the site; specifying an acceptable noise limit.
14. Early consultation with the applicant about the possible use of such
measures is desirable
and may enable them to be incorporated into the design of the proposal before
it is formally
submitted for determination. Alternatively it may be appropriate for a local
planning authority to
ensure that such measures are introduced by imposing conditions.
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. Conditions which set noise limits
raise particular issues
on which detailed guidance is given in Annex 5.
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. (Such measures will mainly apply
to windows:
additional guidance is given in Annex 6.) 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.
Other statutory controls
23. Additional statutory powers to control noise exist outside the planning
system. The granting
of planning permission does not remove the need to comply with these controls.
The major
legislative instruments are:
(i) Part III of the Environmental Protection Act 1990, as amended by the
Noise and
Statutory Nuisance Act 1993, which requires local authorities to serve abatement
notices where the noise emitted from any premises, or from vehicles, machinery
and equipment in the street, constitutes a statutory nuisance; and
(ii) Part III of the Control of Pollution Act 1974, which gives local authorities
powers
to control noise from construction sites, and also introduced the concept
of the
Noise Abatement Zone (NAZ).
Implementation of this legislation usually falls to the Environmental Health
Department of a
local authority.
24. Other means of tackling noise include:
(i) the Noise at Work Regulations 1989, which are enforced by inspectors
of the
Health and Safety Executive (HSE);
(ii) the Building Regulations 1991, which impose standards for sound insulation
between dwellings (see paragraph 25); and
(iii) the Civil Aviation Act 1982, which provides for noise mitigation measures
at
designated aerodromes.
Codes of Practice giving guidance on how to reduce or minimise noise from
various activities
have been produced, some of which have been approved as statutory codes
under the Control
of Pollution Act 1974. Certain noise producing appliances are subject to
product standard
controls.
25. More information on other noise control regimes is given in Annex 7.
The bodies and
authorities responsible for offering advice or for implementing these controls
will often have
expertise or experience which planning authorities may find helpful in assessing
proposals for
development. For example, in the case of proposals for noisy indoor or outdoor
sports
developments, authorities should liase with the regional office of the Sports
Council and with
the governing body for the sport, who may be able to advise on ways of minimising
the
disturbance. In the case of landfill waste disposal sites, much of the advice
contained in
MPG11 "The Control of Noise at Surface Mineral Workings" will
be relevant, but waste
regulation authorities should in any case be consulted at an early stage
to discuss the need for
specific noise controls. Where development is proposed near an aerodrome,
liaison with the
aerodrome management will be essential. Annexes 3 and 7 give further guidance
on some of
these points.
26. In some cases it will be particularly important for local planning authorities
to liaise with the
relevant body because some part of the activity for which planning permission
has been sought
may be subject to another more appropriate means of control or licensing
condition. The
planning permission should not seek to duplicate such controls or conditions.
For example, the
Government considers that the Building Regulations are the most appropriate
means of control
for sound insulation between dwellings and local planning authorities should
not therefore use
planning conditions to control sound insulation in such cases.
Cancellation of advice
27. The following advice is hereby cancelled insofar as it relates to England:
- DOE Circular 10/73
- model planning conditions 5 - 10 in Appendix A to DOE Circular 1/85.
Glossary
Below are explanations of terms as they are used in the PPG; they are not
definitions.
Aerodrome: any area of land, water, or space on the roof of a building,
which is commonly
used to provide facilities for the landing and departure of aircraft - including
types capable of
descending or climbing vertically. The term is generic and embraces other
terms such as
airport, airfield and heliport. For a formal definition see the Civil Aviation
Act 1982.
Decibel (dB): a unit of level derived from the logarithm of the ratio between
the value of a
quantity and a reference value. It is used to describe the level of many
different quantities. For
sound pressure level the reference quantity is 20 Pa, the threshold of normal
hearing is in the
region of 0 dB, and 140 dB is the threshold of pain. A change of 1 dB is
only perceptible under
controlled conditions.
dB(A): decibels measured on a sound level meter incorporating a frequency
weighting (A
weighting) which differentiates between sounds of different frequency (pitch)
in a similar way to
the human ear. Measurements in dB(A) broadly agree with people's assessment
of loudness.
A change of 3 dB(A) is the minimum perceptible under normal conditions,
and a change of 10
dB(A) corresponds roughly to halving or doubling the loudness of a sound.
The background
noise level in a living room may be about 30 dB(A); normal conversation
about 60 dB(A) at 1
metre; heavy road traffic about 80 dB(A) at 10 metres; the level near a
pneumatic drill about
100 dB(A).
Hertz (Hz): unit of frequency, equal to one cycle per second. Frequency
is related to the pitch
of a sound.
LA10,T : the A weighted level of noise exceeded for 10% of the specified
measurement period
(T). It gives an indication of the upper limit of fluctuating noise such
as that from road traffic.
LA10,18h is the arithmetic average of the 18 hourly LA10,1h values from
06.00 to 24.00.
LA90,T : the A weighted noise level exceeded for 90% of the specified measurement
period (T).
In BS 4142: 1990 it is used to define background noise level.
LAeq,T : the equivalent continuous sound level -the sound level of a notionally
steady sound
having the same energy as a fluctuating sound over a specified measurement
period (T). LAeq,T
is used to describe many types of noise and can be measured directly with
an integrating
sound level meter. It is written as Leq in connection with aircraft noise.
LAmax: the highest A weighted noise level recorded during a noise event.
The time weighting
used (F or S) should be stated.
Noise and Number Index (NNI): A composite measure of exposure to aircraft
noise that takes
into account the average peak noise level and the number of aircraft in
a specific period. Now
generally superseded by Leq.
Noise index: a measure of noise over a period of time which correlates well
with average
subjective response.
Rating level: the noise level of an industrial noise source which includes
an adjustment for the
character of the noise. Used in BS 4142: 1990.
Rw: single number rating used to describe the sound insulation of building
elements (also see
Annex 6). It is defined in BS 5821: 1984