The Highways Noise Payments and Movable Homes (England) Regulations 2000

Power to make noise payments

3.—(1) Where at any time on or after the commencement date the use of a relevant highway as a result of relevant works causes or is expected to cause noise at a level not less than the specified level, the authority shall make a payment under this regulation in relation to an eligible home if a claim for such a payment is made in accordance with regulations 7 and 8.

(2) For the purposes of paragraph (1) of this regulation, the use of a relevant highway causes or is expected to cause noise at a level not less than the specified level if—

(a) the relevant noise level exceeds the prevailing level by at least 1dB(A) and is not less than the specified level, and

(b) noise caused or expected to be caused by traffic using or expected to use the relevant highway makes an effective contribution to the relevant noise level of at least 1dB(A).

(3) Where at any time on or after the commencement date works for the construction of a highway or additional carriageway, or for the alteration of a highway, cause or are expected to cause noise at a level which, in the opinion of the authority, has had, is having, or will have a seriously adverse effect on the enjoyment of an eligible home adjacent to the site on which those works have been, are being or are to be carried out, the authority may make a payment under this regulation in relation to that home if a claim for such a payment is made in accordance with regulations 7 and 8.

(4) Where a road becomes a highway maintainable at the public expense within the meaning of section 329(1) of the Highways Act 1980(1) within three years after the relevant date if the claim would have complied with the requirements of these Regulations had the highway been so maintainable at the relevant and commencement dates, the highway authority for the highway may make a payment under paragraph (1) or (3) above in relation to any movable home which would have been an eligible home if that highway had been so maintainable at the relevant date and the work of construction of that highway or an additional carriageway for it, or of alteration of it, had been carried out by a highway authority.

(5) A payment under this regulation is referred to in these Regulations as a “noise payment”.

(1)

1980 c. 66.