Noise from
construction
Construction is an inevitable part of the 21st
century. A certain level of noise or vibration
is unavoidable, however if it becomes unnecessary or excessive
action may be taken.
There is no specific legislative control for the hours of work
on construction sites. There is a code of practice for control of
noise from construction sites. The code of practice advises that
work should be programmed such that HGV's do not enter on site
between 7pm and 7am, and gives a guide of likely acceptable hours
for noisy activities.
The only offence is to cause a nuisance. It is possible to
carry out activities 24hrs and not cause a nuisance. This will
depend on location and type of noise.
Construction works also have a defence of Best Practicable
Means. Some noisy activities are essential, but they should be
carried out during reasonable hours whenever possible.
The courts have determined that construction works carried out
in a reasonable manner will not be held to be a nuisance. This will
be a question of fact in each individual circumstance. Depending on
the type of site and access, you should try to discuss issues with
the site manager yourself.
The following is an appropriate course of action for you to
take:
- speak to site manager
- explain your concern
- use the above info to explain why your expectations are reasonable
- allow a period of time for matters to be put in hand by site manager
- contact Pollution team if you think that a nuisance persists providing details of companies, site manager name, telephone numbers etc in order to assist in the further investigation of your complaint.
For further information contact the Pollution control team.