Control of Pollution Act 1974

65 Noise exceeding registered level.E+W+S

(1)The level of noise recorded in the noise level register in respect of any premises shall not be exceeded except with the consent in writing of the local authority.

(2)The local authority’s consent may be made subject to such conditions, whether as to the amount by which the level of noise may be increased, or as to the period for which, or the periods during which, the level of noise may be increased, as may be specified in the consent; and the authority shall record particulars of the consent in the noise level register.

(3)If within the period of two months beginning with the date on which a local authority receives an application for its consent under this section, or within such longer period as the authority and the applicant agree in writing, the authority has not notified the applicant of its decision on the application, the authority shall be deemed to have refused consent in pursuance of the application.

(4)An applicant for consent under this section may appeal to the Secretary of State against the local authority’s decision on the application within the period of three months beginning with the date on which the authority notifies him of the decision or, in a case falling within the preceding subsection, beginning with the expiration of the period or longer period there mentioned; and it shall be the duty of the local authority to act in accordance with the decision of the Secretary of State on the appeal.

(5)If noise emitted from any premises constitutes a contravention of subsection (1) of this section or of a condition attached to a consent under this section, the person responsible shall be guilty of an offence against this Part of this Act.

(6)The magistrates’ court convicting a person of an offence under the preceding subsection may, if satisfied that the offence is likely to continue or recur, make an order requiring the execution of any works necessary to prevent it continuing or recurring, and if that person without reasonable excuse contravenes any requirement of the order he shall be guilty of an offence against this Part of this Act.

(7)The magistrates’ court may, after giving the local authority in whose area the premises are situated an opportunity of being heard, direct the local authority to do anything which the court has power under the preceding subsection to require the person convicted to do, either instead of, or in addition to, imposing any requirement on that person.

(8)A consent given under this section shall contain a statement to the effect that the consent does not of itself constitute any ground of defence against any proceedings instituted under F1 . . . [F2section 82 of the Environmental Protection Act 1990 F1 .] .

Textual Amendments

F1Words in s. 65(8) repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2Words inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 15(4)

Modifications etc. (not altering text)

C1Ss. 63-67 excluded (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 70(3), 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, sch.

C2S. 65(8) excluded (9.11.2001) by S.I. 2001/3682, art. 31(2)(b)

C3S. 65(8) restricted (18.7.2001) by S.I. 2001/2870, art. 22(2)(b)

C4S. 65(8) excluded (20.8.1999) by S.I. 1999/2336, art. 23(2)

C5S. 65(8) excluded (18.12.1996) by 1996 c. 61, s. 30(2)

C6S. 65(8) excluded (30.4.2002) by The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002 (S.I. 2002/1066), art. 43(2)(b)

C7S. 65(8) excluded (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 35(2)(b) (with art. 40)

C8S. 65(8) excluded (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 33(2)(b) (with art. 38)