Pollution Control and Local Government (Northern Ireland) Order 1978

Construction sites N.I.

Control of noise on construction sites N.I.

40.—(1) This Article applies to works of the following description, that is to say—

(a) the erection, construction, alteration, repair or maintenance of buildings, structures or roads;

(b) breaking up, opening or boring under any road or adjacent land in connection with the construction, inspection, maintenance or removal of works;

(c) demolition or dredging work; and

(d) (whether or not also comprised in sub-paragraph ( a), ( b) or ( c) above) any work of engineering construction;

but shall not apply to any such works carried out by a government department.

(2) Where it appears to a district council that works to which this Article applies are being, or are going to be, carried out on any premises, the council may serve a notice imposing requirements as to the way in which the works are to be carried out and may if it thinks fit publish notice of the requirements in such way as appears to the council to be appropriate.

(3) The notice may in particular—

(a) specify the plant or machinery which is, or is not, to be used;

(b) specify the hours during which the works may be carried out;

(c) specify the level of noise which may be emitted from the premises in question or at any specified point on those premises or which may be so emitted during specified hours; and

(d) provide for any change of circumstances.

(4) In acting under this Article the district council shall have regard—

(a) to the relevant provisions of any code of practice issued under this Part;

(b) to the need for ensuring that the best practicable means are employed to minimise noise;

(c) before specifying any particular methods or plant or machinery, to the desirability in the interests of any recipients of the notice in question of specifying other methods or plant or machinery which would be substantially as effective in minimising noise and more acceptable to them;

(d) to the need to protect any persons in the locality in which the premises in question are situated from the effects of noise.

(5) A notice under this Article shall be served on the person who appears to the district council to be carrying out, or going to carry out, the works, and on such other persons appearing to the council to be responsible for, or to have control over, the carrying out of the works as the council thinks fit.

(6) A notice under this Article may specify the time within which the notice is to be complied with, and may require the execution of such works, and the taking of such other steps, as may be necessary for the purpose of the notice, or as may be specified in the notice.

(7) A person served with a notice under this Article may appeal against the notice to a court of summary jurisdiction within twenty-one days from the service of the notice.

(8) If a person on whom a notice is served under this Article without reasonable excuse contravenes any requirement of the notice he shall be guilty of an offence against this Part.

Prior consent for work on construction sites N.I.

41.—(1) A person who intends to carry out works to which Article 40 applies may apply to the district council for a consent under this Article.

(2) Where approval under the Building Regulations (Northern Ireland) Order 1972 [1972 NI 19] F1 is required for the carrying out of the works, the application under this Article must be made at the same time as, or later than, the request for the approval under building regulations.

(3) An application under this Article shall contain particulars of—

(a) the works, and the method by which they are to be carried out; and

(b) the steps proposed to be taken to minimise noise resulting from the works.

(4) If the district council considers that the application contains sufficient information for the purpose and that, if the works are carried out in accordance with the application, it would not serve a notice under Article 40 in respect of those works, the district council shall give its consent to the application.

(5) In acting under this Article a district council shall have regard to the considerations set out in Article 40(4) and may—

(a) attach any conditions to a consent; and

(b) limit or qualify a consent to allow for any change in circumstances; and

(c) limit the duration of a consent,

and any person who knowingly carries out the works, or permits the works to be carried out, in contravention of any conditions attached to a consent under this Article shall be guilty of an offence against this Part.

(6) The district council shall give notice of its decision to the applicant and if the council gives its consent to the application it may if it thinks fit publish notice of the consent, and of the works to which it relates in such way as appears to the council to be appropriate.

(7) If within the period of twenty-eight days from receipt of the application, or within such longer period as the council and the applicant may at any time agree in writing, the district council—

(a) has not given notice to the applicant of its decision on the application; or

(b) refuses its consent; or

(c) gives its consent but attaches any condition to the consent or limits or qualifies the consent in any way,

the applicant may appeal to a court of summary jurisdiction within twenty-one days from the end of that period.

(8) In any proceedings for an offence under Article 40(8) it shall be a defence to prove that the alleged contravention amounted to the carrying out of the works in accordance with a consent given under this Article.

(9) A consent given under this Article shall contain a statement to the effect that the consent does not of itself constitute any ground of defence against any proceedings instituted under [F2 section 70 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ] .

(10) Where a consent has been given under this Article and the works are carried out by a person other than the applicant for the consent, the applicant shall take all reasonable steps to bring the consent to the notice of that other person; and if he fails to comply with this paragraph he shall be guilty of an offence against this Part.

F1 1979 NI 16

F2 Words in art. 41(9) substituted (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 3 para. 9(1); S.R. 2012/13, art. 2(2), Sch. 2