The Noise Insulation (Railways and Other Guided Transport Systems) Regulations 1996

Citation and commencement

1.  These Regulations may be cited as the Noise Insulation (Railways and Other Guided Transport Systems) Regulations 1996 and shall come into force on 1st March 1996.

Interpretation

2.—(1) In these Regulations except where the context otherwise requires—

“the Act” means the Land Compensation Act 1973;

“additional works” means works of a relevant system installed alongside, above or below existing works of the same relevant system;

“altered works” means works relocated in either the horizontal or vertical plane, or both, otherwise than as a result of reballasting, remodelling or renewal of the permanent way or, where the relevant system does not employ permanent way, any equivalent operation carried out in connection with apparatus corresponding thereto, but does not include additional works;

“building” includes part of a building;

“claimant” means a person who accepts an offer made under regulation 10;

“the commencement date” means the date of coming into force of these Regulations;

“the day-time period” means the period of 18 hours between 0600 hours and midnight;

“dB(A)” means a measure of sound pressure level (“A” weighted) in decibels as specified in British Standard number BS EN 60651: 1994;

“eligible building” has the meaning assigned to it in regulation 7;

“eligible room” means a living room or a bedroom having a qualifying door or a qualifying window in an eligible building;

“facade” means an outer wall of a building;

“guided transport” has the meaning assigned to it in the Transport and Works Act 1992(1);

“initial works” means works of a relevant system which are not in replacement of, additional to, or an alteration to, any existing works of that relevant system;

“insulation work” means work carried out to insulate a building against noise, including work making provision for ventilation and solar control;

“L_Aeq” means the equivalent sound level, in dB(A), of a steady sound which, over a specified period and at a specified position, would deliver the same noise energy as the intermittent or time-varying sound which actually occurs;

“L_Aeq (day-time)” means the L_Aeq over the day-time period;

“L_Aeq (night-time)” means the L_Aeq over the night-time period;

“the night-time period” means the period of 6 hours between midnight and 0600 hours;

“prevailing day-time noise level” means the level of noise caused by the movement of vehicles using any relevant system, expressed as a level of the L_Aeq (day-time), immediately before the construction of initial works or additional works or the carrying out of altered works, as the case may be, was begun;

“prevailing night-time noise level” means the level of noise caused by the movement of vehicles using any relevant system, expressed as a level of the L_Aeq (night-time), immediately before the construction of initial works or additional works or the carrying out of altered works, as the case may be, was begun;

“qualifying door” has the meaning assigned to it in Schedule 1;

“qualifying window” has the meaning assigned to it in Schedule 1;

“railway” has the meaning assigned to it in the Transport and Works Act 1992;

“relevant date” means the date on which initial works, additional works or altered works, as the case may be, completed on or after the commencement date, were first used after their completion;

“relevant noise level” means the level of noise, expressed as a level of L_Aeq (day-time) or L_Aeq (night-time), as the case may be, caused or expected to be caused, by the movement of vehicles using, or expected to use, works forming part of the relevant system concerned or, if there is more than one such system, those works and the works of such other system or systems, as the case may be;

“the relevant specifications” means such of the items specified in Parts II and III of Schedule 1 as are applicable in the circumstances of the case;

“relevant system” means a transport system to which, in accordance with regulation 3, these Regulations apply;

“remodelling” means relocation of trackwork within lateral limits constituted by the outer running rails of the outermost tracks of a set of tracks or, where the relevant system concerned does not employ trackwork, track or rails, relocation within equivalent limits of apparatus corresponding thereto;

“responsible authority” means the person managing the works in question;

“specified day-time level” means a noise level of 68 dB L_Aeq (day-time);

“specified night-time level” means a noise level of 63 dB L_Aeq (night-time);

“traffic flow” means all the planned movements of vehicles over part or the whole of a relevant system during a 24-hour period;

“tramway” has the meaning assigned to it in the Transport and Works Act 1992;

“vehicle” includes mobile traction unit; and

“works” means the permanent way or corresponding apparatus used to support or guide a vehicle operating on a relevant system.

(2) For the purposes of these Regulations, where—

(a) (i) works have ceased to be used for the movement of vehicles consequent upon the closure of the relevant system concerned, or the relevant part thereof, under an enactment (whether or not all or any part of the works remain in existence); and

(ii) application is made for legislative authority to construct new works, which works would adopt the same relevant system and would follow the same, or substantially the same, alignment as that adopted by the works which are the subject of the closure; and

(iii) such application is received by the body appropriate to grant such authority within 5 years of the date on which consent was given for the closure to take place,

the works which are the subject of the application shall not be regarded for the purpose of these Regulations as initial works, additional works or altered works;

(b) (i) works have been totally removed, or removed to a substantial extent, or made incapable of use for the movement of vehicles on the relevant system, but have not been the subject of closure proceedings under any enactment; and

(ii) application is made for legislative authority to construct new works, which would adopt the same relevant system and would follow the same, or substantially the same, alignment as that adopted by the works removed or made incapable of use; and

(iii) such application is received by the body appropriate to grant such authority within 5 years of the date on which such removal was begun or the works were made incapable of use,

the works which are the subject of the application shall not be regarded for the purpose of these Regulations as initial works, additional works or altered works.

(3) In these Regulations, references to “movement”, when used in respect of railway or tramway vehicles, are to be construed as excluding shunting operations, being movements for the purpose of marshalling, repositioning or segregating such vehicles.

(4) In these Regulations—

(a) any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations; and

(b) any reference to a numbered or lettered paragraph or sub-paragraph is a reference to the paragraph or sub-paragraph bearing that number or letter in the regulation or paragraph of the Schedule in which the reference occurs.

Application of the Regulations

3.—(1) These Regulations apply in respect of initial works, additional works or altered works forming part of a transport system of any of the following kinds—

(a) a railway;

(b) a tramway;

(c) a system using a mode of guided transport described in Schedule 2;

provided or used in the exercise of statutory powers.

(2) These Regulations do not apply in respect of noise resulting from ground-borne vibration.

Duty to carry out insulation work or to make grants

4.—(1) Subject to and in accordance with the provisions of these Regulations, the responsible authority shall carry out, or make a grant in respect of the cost of carrying out, insulation work in or to any eligible building when on or after the relevant date the movement of vehicles using, or expected to use, initial works or additional works, as the case may be, causes, or is expected to cause, noise at a level not less than the level referred to in either sub-paragraph (a) or sub-paragraph (b) of paragraph (2).

(2) (a) When the movement of the vehicles takes place during the day-time period, noise is at a level for paragraph (1) to apply if—

(i) the relevant noise level is greater by at least 1 dB(A) than the prevailing day-time noise level and is not less than the specified day-time level; and

(ii) the noise caused, or expected to be caused, by that movement makes an effective contribution to the relevant noise level of at least 1 dB(A).

(b) When the movement of the vehicles takes place during the night-time period, noise is at a level for paragraph (1) to apply if—

(i) the relevant noise level is greater by at least 1 dB(A) than the prevailing night-time noise level and is not less than the specified night-time level; and

(ii) the noise caused, or expected to be caused, by that movement makes an effective contribution to the relevant noise level of at least 1 dB(A).

(3) The noise levels referred to in paragraphs (1) and (2) shall in each case be assessed at a reception point located one metre outward from the external side of the most exposed part of any door or window in a facade of an eligible building.

Power to carry out insulation work or to make grants

5.—(1) Subject to and in accordance with the provisions of these Regulations, the responsible authority may carry out, or make a grant in respect of the cost of carrying out, insulation work in or to any eligible building when on or after the relevant date the movement of vehicles using, or expected to use, altered works causes, or is expected to cause, noise at a level not less than the level referred to in either sub-paragraph (a) or sub-paragraph (b) of paragraph (2).

(2) (a) When the movement of the vehicles takes place during the day-time period, noise is at a level for paragraph (1) to apply if—

(i) the relevant noise level is greater by at least 1 dB(A) than the prevailing day-time noise level and is not less than the specified day-time level; and

(ii) the noise caused, or expected to be caused, by that movement makes an effective contribution to the relevant noise level of at least 1 dB(A).

(b) When the movement of the vehicles takes place during the night-time period, noise is at a level for paragraph (1) to apply if—

(i) the relevant noise level is greater by at least 1 dB(A) than the prevailing night-time noise level and is not less than the specified night-time level; and

(ii) the noise caused, or expected to be caused, by that movement makes an effective contribution to the relevant noise level of at least 1 dB(A).

(3) The noise levels referred to in paragraphs (1) and (2) shall in each case be assessed at a reception point located one metre outward from the external side of the most exposed part of any door or window in a facade of an eligible building.

(4) The power to carry out insulation work or make grants, referred to in paragraph (1), may also be exercised by the responsible authority in respect of cases where regulation 4 is applicable but before any duty arising from an offer and acceptance in accordance with regulation 10 has arisen.

Further power to carry out insulation work or to make grants

6.—(1) Where the responsible authority is required by regulation 4 or empowered by regulation 5 to carry out, or make a grant in respect of the cost of carrying out, insulation work in or to an eligible building, it may also carry out, or make a grant in respect of the cost of carrying out, insulation work in or to an eligible building in respect of which no duty under regulation 4 or power under regulation 5 has arisen, if the facades of both buildings are contiguous or form part of a series of contiguous facades.

(2) The provisions of these Regulations shall, so far as applicable, apply to the carrying out of insulation work or the making of grants under this regulation subject to any necessary adaptations or modifications, as if the responsible authority were acting in execution of a duty arising under regulation 4 save that regulation 9 shall not apply so as to require the preparation of any map or list identifying an eligible building in respect of which the power in paragraph (1) is exercisable.

Buildings to which the Regulations apply

7.—(1) Subject to paragraph (2), the classes of buildings in respect of which a duty or power is to arise under these Regulations are—

(a) dwellings; and

(b) other buildings used for residential purposes,

which will not be more than 300 metres from the nearest point of the nearest running rail or, if the relevant system has no running rail, the nearest point of the nearest apparatus corresponding thereto, of the initial, additional or altered works, as the case may be, and the expression “eligible building” in these Regulations means a building falling within either of those classes.

(2) The following shall not be eligible buildings—

(a) any building in respect of which a compulsory purchase order is in force, or in respect of which a compulsory purchase order has been submitted for confirmation to, or prepared in draft by, a Minister of the Crown and in respect of which a notice has been published under section 11 of the Acquisition of Land Act 1981(2) or, as the case may be, paragraph 2 of Schedule 1 to that Act or under any corresponding enactment applicable thereto, unless the order has been withdrawn or a decision has been taken not to confirm or make the order, as the case may be;

(b) any building liable to be acquired compulsorily under any local or private Act of Parliament or under an order, rule, regulation, byelaw or scheme made under an Act of Parliament;

(c) any building which is subject to—

(i) a demolition order under Part IX of the Housing Act 1985(3);

(ii) a closing order under Part IX of that Act;

(iii) a closing order under section 368(4) of that Act; or

(iv) an undertaking accepted under section 368(2) of that Act;

(d) any building within an area declared to be a clearance area by a resolution under section 289 of the Housing Act 1985(4);

(e) any building which was first occupied as a dwelling or otherwise for residential purposes after the relevant date;

(f) any part of a building in respect of which part of a grant has been paid or is payable in respect of the carrying out of insulation work under any enactment other than the Act or any instrument made under any such enactment; and

(g) any part of a building in respect of which part a grant has been paid or is payable in respect of the carrying out of insulation work under the Noise Insulation Regulations 1975(5) in relation to noise caused, or expected to be caused, by the movement of vehicles on a relevant system operating within the boundaries of a highway.

Insulation of buildings against construction noise

8.—(1) Subject to and in accordance with the provisions of these Regulations, where the construction of initial works or additional works or the carrying out of altered works causes, or is expected to cause, noise at a level which, in the opinion of the responsible authority, seriously affects, or will seriously affect for a substantial period of time, the enjoyment of an eligible building adjacent to the site on which the works are being, or are to be, carried out but in respect of which building no duty under regulation 4 or power under regulation 5 or 6 has arisen, the responsible authority may carry out, or make a grant in respect of the cost of carrying out, insulation work in or to the building.

(2) The provisions of these Regulations shall, so far as applicable, apply to the carrying out of insulation work or the making of grants under this regulation, subject to the modifications of regulation 10 specified in paragraph (3) and to any other necessary adaptations or modifications.

(3) The modifications to regulation 10 are—

(a) that the duty to make the offer arises when circumstances exist which make the power in paragraph (1) above exercisable in relation to an eligible building;

(b) such an offer shall not be accepted after the expiration of 2 months after the date thereof or of such longer period as the responsible authority may by extension at any time allow; and

(c) regulation 10(4) shall not apply so as to limit the period within which any person may accept such an offer.

Ascertainment of level of noise

9.—(1) Subject to paragraph (2), for the purpose of determining whether a duty under regulation 4 or a power under regulation 5 or 6, as the case may be, has arisen with respect to an eligible building, the prevailing day-time noise level, the prevailing night-time noise level, the relevant noise level or the effective contribution to the relevant noise level made by noise caused or expected to be caused by the movement of vehicles using, or expected to use, initial works, additional works or altered works, as the case may be, shall be ascertained by—

(a) employing the method of calculation specified in a technical memorandum entitled Calculation of Railway Noise (1995), published by Her Majesty’s Stationery Office; and

(b) basing such calculations on the traffic flows expected under normal operating conditions within a period of 15 years from the relevant date.

(2) The responsible authority shall ascertain every eligible building in respect of which a duty under regulation 4 has arisen and shall prepare a map or list, or both, identifying every such building and a schedule specifying the traffic flow used by the responsible authority as the basis for ascertaining the noise level concerned.

(3) Any such map, list or schedule shall be deposited not later than 6 months after the relevant date at the premises of the responsible authority or its agent located within the same local authority area as the buildings identified therein and shall thereafter be made available for public inspection during normal office hours.

Offer and acceptance of insulation work or grant

10.—(1) As soon as the responsible authority has deposited a map or list pursuant to regulation 9 the authority shall make an offer in writing in accordance with the provisions of paragraphs (2) and (3).

(2) An offer shall be made in respect of every eligible building identified on the map or in the list to either—

(a) the person who is the occupier of, or if the building is unoccupied, is entitled to occupy, the building; or

(b) the immediate landlord or licensor of that person, if any,

but the obligation to make such an offer shall be conditional on the responsible authority or its agent, on giving reasonable notice, being afforded such access to the building as it may reasonably require for the purpose of determining the insulation work to be carried out thereto.

(3) The offer shall—

(a) identify the building to which it relates;

(b) offer to carry out or make a grant in respect of the cost of carrying out, insulation work in or to every eligible room in the building;

(c) describe the work required to be carried out for this purpose;

(d) where the offer is made to the person mentioned in sub-paragraph (a) of paragraph (2), require that person, if he is not the owner of the building, to notify his immediate landlord or licensor of the terms of the offer;

(e) where the offer is made to the person mentioned in paragraph (2)(b), require that person, to notify the person who is the occupier of, or if the building is unoccupied, is entitled to occupy the building of the terms of the offer;

(f) set out the conditions in regulation 13, subject to which the offer is made;

(g) set out the restrictions on acceptance of the offer in paragraphs (4) and (7); and

(h) set out the requirements of paragraphs (5) and (6), together with an indication that they have to be observed in order to constitute a valid acceptance of the offer.

(4) Subject to paragraph (8), an offer may be accepted by the person to whom it was made or his successor and, if it has not been accepted by that person or his successor within 3 months after the date on which it was made, then, subject to paragraph (7), it may thereafter be accepted by the person to whom it as made or his successor or any other person to whom it has or could have been notified pursuant to this regulation.

(5) An acceptance of an offer under this regulation shall be in writing and may be an acceptance—

(a) of the offer to carry out insulation work in or to one or more or all of the rooms in respect of which the offer was made; and

(b) of the offer of a grant in respect of the cost of carrying out such work in or to one or more of the other rooms or all of the rooms in respect of which the offer was made,

but no offer of a grant shall be accepted in respect of any room if an offer to carry out insulation work has been previously accepted in respect thereof and no offer to carry out insulation work shall be accepted in respect of any room if a grant has been previously accepted in respect thereof.

(6) An acceptance of an offer under this regulation shall claim the benefit of the offer and shall contain the following—

(a) the name and address of the claimant;

(b) particulars identifying the eligible building;

(c) a statement of the capacity (whether as occupier, person entitled to occupy, landlord or licensor) in which the claimant accepts the offer;

(d) if the claimant is required to notify any person pursuant to sub-paragraph (d) or (e) of paragraph (3) of the terms of the offer, a statement that he has so notified that person, and whether or not that person consents to the carrying out of insulation work;

(e) particulars of the rooms (if any) in respect of which the claimant accepts the offered work; and

(f) particulars of the rooms (if any) in respect of which the claimant accepts the offered grant.

(7) An offer must be accepted not later than—

(a) 6 months after the date thereof; or

(b) 12 months after the relevant date:

• Provided that the responsible authority may extend the time limited by this paragraph, whether before or after the expiration thereof.

(8) Where insulation work has been carried out other than by a responsible authority in or to an eligible building and completed in accordance with the relevant specifications before an offer is made, an offer under paragraph (2) shall be deemed to be an offer of a grant only, and may be accepted only by the person who incurred the cost of the work.

Consent to carrying out of insulation work

11.  Where an eligible building is subject to a tenancy and a claim to be entitled to the benefit of an offer is made by a landlord or tenant of the building, insulation work may be carried out notwithstanding that the consent of the other party to the tenancy is required and is withheld.

Nature and extent of work to be undertaken

12.—(1) Insulation work carried out pursuant to these Regulations shall be in accordance with the relevant specifications.

(2) Notwithstanding anything in these Regulations, there shall not be carried out, nor shall a grant be made in respect of the cost of carrying out, insulation work in or to an eligible room in which there is installed any flueless combustion appliance unless there will be, after completion of the insulation work, in accordance with the relevant specifications, a door or window to the outside capable of being opened.

(3) Notwithstanding anything in these Regulations, no insulation work which requires the grant of planning permission (within the meaning of the Town and Country Planning Act 1990(6)) or listed building consent (within the meaning of the Planning (Listed Buildings and Conservation Areas) Act 1990(7)) shall be carried out without such permission or consent, as the case may be, having first been obtained.

(4) Nothing in these Regulations shall require a responsible authority to carry out work, or to make a grant in respect of the carrying out of work, required—

(a) to remedy a defect in a building; or

(b) to maintain or repair any equipment or apparatus installed in or on any building pursuant to these Regulations.

(5) For the purposes of this regulation, “flueless combustion appliance” means a combustion appliance which discharges combustion products into the room in which the appliance is situated.

Conditions for carrying out of insulation work or making of grants

13.  The carrying out of insulation work and the making of grants shall be dependent upon compliance with the following conditions—

(a) the claimant shall have complied with paragraphs (4) to (7) of regulation 10;

(b) a claimant who accepts an offer to carry out insulation work shall—

(i) if he is the occupier of or entitled to occupy the building, afford to the responsible authority or its agent such access to the building as it may reasonably require for the purpose of carrying out and inspecting the work to ascertain whether it complies with the relevant specifications; or

(ii) if he is not the occupier of nor entitled to occupy the building, procure the occupier or person entitled to occupy the building to afford the responsible authority or its agent such access;

(c) a claimant who accepts an offer to make a grant in respect of the cost of insulation work shall carry out the work or secure that it is carried out in accordance with the relevant specifications and complete it before the expiration of 24 months from the date of acceptance and—

(i) if he is the occupier of or entitled to occupy the building, afford to the responsible authority or its agent such access to the building as it may reasonably require for the purpose of inspecting the work to ascertain whether it complies with the relevant specifications; or

(ii) if he is not the occupier of nor entitled to occupy the building, procure the occupier or person entitled to occupy the building to afford the responsible authority or its agent such access.

Reconsideration of buildings

14.—(1) Where no offer under regulation 10(2) has been made in relation to an eligible building, any person specified in paragraph (2) who claims that a duty under regulation 4 has arisen with respect to the building may apply in writing to the responsible authority, setting out the facts on which he relies, and may request the authority to make him an offer in accordance with the provisions of regulation 10.

(2) An application under paragraph (1) may be made by—

(a) the person who is the occupier of, or if the building is unoccupied, is entitled to occupy, the building; or

(b) the immediate landlord or licensor of that person, if any.

(3) An application under paragraph (1) must be made either—

(a) within 6 months beginning with the date of depositing for public inspection of the map or list (whichever is the earlier), prepared under regulation 9(3); or

(b) within 12 months of the relevant date;

(4) Upon receipt of an application under this regulation the responsible authority shall review such calculations as have been made in relation to the building in accordance with regulation 9, or shall make such calculations, and if they find that a duty under regulation 4 has arisen with respect to the building they shall comply with the request but otherwise they shall refuse it.

(5) If they refuse the request, the responsible authority shall furnish to the claimant a written statement of the reasons for their refusal.

(6) On the commencement of each period within which applications under paragraph (1) may be made the responsible authority shall publish once in a local newspaper circulating in the area in which the works or proposed works are, or are proposed to be, located a notice setting out particulars of the right to make an application under the paragraph, including particulars of the time within which, and the authority to whom, such an application must be made.

Amount of grant

15.  The amount of grant shall be equal to the actual cost incurred by the claimant in carrying out or securing the carrying out of in accordance with the relevant specifications the insulation work in respect of which the claimant has accepted an offered grant, or to the reasonable cost of carrying out that work in accordance with those specifications, whichever shall be the less.

Signed by authority of the Secretary of State for Transport

John Watts

Minister of State,

Department of Transport

16th February 1996

William Hague

Secretary of State for Wales

22nd February 1996