New buildings, etc.N.I.
47.—(1) Where it appears to the district council—
(a)that a building is going to be constructed and that a noise abatement order will apply to it when it is erected; or
(b)that any premises will, as the result of any works, become premises to which a noise abatement order applies,
the council may, on the application of the owner or occupier of the premises or a person who satisfies the authority that he is negotiating to acquire an interest in the premises or on its own initiative, determine the level of noise which will be acceptable as that emanating from the premises.
(2) The district council shall record in the noise level register the level of noise determined under this Article for any premises.
(3) The district council shall give notice of its decision to the applicant or, in the case of a decision made on its own initiative, to the owner or the occupier of the premises, and the recipient of the notice may appeal to the Department against that decision within three months of the date on which the council notifies him of that decision; and the district council shall act in accordance with the decision of the Department on the appeal.
(4) If within the period of two months beginning with the date when the district council receives an application under paragraph (1), or within such longer period as the council and the applicant may at any time agree in writing, the council has not given notice to the applicant of its decision on the application, the council shall be deemed to have given him notice that it has decided not to make a determination on the application; and the applicant may accordingly appeal against the decision to the Department under paragraph (3).
(5) Where at any time after the coming into force of a noise abatement order any premises become premises to which the order applies as a result of the construction of a building or as a result of any works carried out on the premises but no level of noise has been determined under this Article as respects the premises, Article 46 shall apply as if—
(a)paragraph (1)( b) were omitted; and
(b)three months were substituted for six months in paragraph (3); and
(c)paragraph (9) were omitted.