The Associated British Ports (Hull) Harbour Revision Order 2006

Operational restrictions

8.—(1) Operational noise emitted from the site (excluding noise arising from construction activities), shall be monitored in accordance with sub-paragraph (2) below and, to the extent that such noise is under the control of A.B. Ports, it shall be controlled so as not to exceed the limits stated in Table 1 measured at the specified location.

Table 1 Limits for Operating Noise

(1) Period		(2) Time	(3) Noise Limit
Daytime:	Monday—Friday	0700–1900	53 dB LAeq (1 hour)
	Saturday	0900–1900
Evening:	Monday—Saturday	1900–2300	46 dB LAeq (1hour)
Daytime:	Sunday and bank holidays	0900–1900
Night-time:	Monday—Friday	2300–0700	44 dB LAeq (1 hour)	48 dB LAmax
	Friday—Sunday	2300–0900
	Sunday—Monday	1900–0700

Note 1: L_{Aeq (1 hour)} shall be the highest recorded value over the time period.

• Note 2: Measurements shall be disregarded if the wind speed measured at the location where the noise level is measured exceeds 5 metres per second.

• Note 3: Measurements shall be disregarded if the level of background noise determined using the same units in accordance with sub-paragraph (2)(a) below is within 3 dB of the levels stated in Table 1.

• Note 4: “Bank holiday” means a day specified as a bank holiday in or under the Banking and Financial Dealings Act 1971(1).

(2) Before the commencement of operations at the site, a scheme for monitoring noise arising from those operations at the site shall have been submitted to and approved in writing by Kingston upon Hull City Council (“HCC”). The scheme shall provide for—

(a) the supply, installation and maintenance of a monitoring system at the specified location, and at a location determined by calculation or measurement as suitable (by virtue of additional distance from the works, such that site-related noise is at least 7 dB lower than at the specified location) for measurement of background noise for a period of not less than six months ending not later than the time when operations at the site commence;

(b) the monitoring system to be capable of inspection and interrogation by HCC and A.B. Ports at any time; and

(c) continuous measurement and recording of wind speed either at the specified location or at a location from which the wind speed at the specified location can be inferred;

and once approved, the scheme shall be implemented in accordance with its terms.

(3) (a) In the event that noise levels at the specified location exceed the limits in Table 1, subject to the provisos of Note 2 and Note 3, A.B. Ports shall undertake further measurements to investigate and such further measures as may be necessary to identify the cause, and insofar as the source of the noise is under their control, take remedial action to reduce noise emission from the site to within the limits in Table 1 and take all reasonable action to prevent any repetition of a breach of the limits.

(b) In the event that A.B. Ports is unable to identify the cause of increased noise levels, HCC may, by itself or through its duly authorised agent and at the expense of A.B. Ports, undertake such reasonable measurements and investigations as it deems necessary to identify the cause; and, in the further event that the cause is established by HCC, and that the source is under A.B. Ports' control, shall submit a programme of reasonable remedial action to reduce noise emission and prevent repetition and A.B Ports shall promptly undertake, at its own expense, the action specified.

(4) In sub-paragraphs (1) to (3)—

“the site” means the area of Work No. 1 as constructed and any area dredged under article 9;

“the specified location” means a free-field location 4m above local ground level near and to the south of 27 Corinthian Way.

(1)

1971 c. 80; see section 1 and Schedule 1.