The Environmental Noise (England) Regulations 2006

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (O.J. No. L 189, 18.07.2002, p. 12) (the ‘Directive’).

Strategic noise maps

The making of strategic noise maps will occur in two rounds, the first in 2007 and the second in 2012. In the second round a larger number of the same type of noise sources will have to be mapped than in the first round. Subsequently strategic noise maps will have to be made every five years.

Regulation 3 requires the Secretary of State to identify the noise sources for which strategic noise maps must be made. Regulation 7 requires the Secretary of State to make strategic noise maps for agglomerations, major roads, major railways and major airports designated under section 80 for the purposes of section 78 of the Civil Aviation Act 1982 (1982 c.16). From time to time, and whenever a major development occurs, the Secretary of State must review (and if necessary, revise) strategic noise maps.

Regulations 11 and 12 require airport operators to make strategic noise maps for airports that are not designated under the Civil Aviation Act 1982. Strategic noise maps will need to be made for: (i) all non-designated major airports; and (ii) noise in agglomerations arising from any other airports (if aircraft noise results in a value of 55 L_den or 50 L_night anywhere in those agglomerations). Strategic noise maps will need to be reviewed (and revised if necessary) from time to time, and whenever a major development occurs. Once made, the airport operators must submit strategic noise maps (or their revisions) to the Secretary of State for adoption.

All strategic noise maps must meet the requirements set out in regulation 4.

Regulation 4 and Schedule 3 specify which noise indicators and supplementary noise indicators must be used in making the strategic noise maps. Schedule 2 sets out the assessment methods to be used in calculating the values of noise indicators. Different methods are specified for each noise source.

Regulation 13 requires the Secretary of State to identify quiet areas in first round agglomerations and in agglomerations.

Action plans

Action plans must be drawn up in 2008 and in 2013. This is consequential on the dates by which strategic noise maps must be prepared..

Regulation 14 requires the Secretary of State to publish guidance on how the priorities in action plans should be identified. It also requires the Secretary of State to compile and publish a consolidated noise map.

Regulation 15 sets out the requirements for action plans.

Regulation 17 requires the Secretary of State to draw up action plans for places near to major roads and major railways, and for first round agglomerations and agglomerations. The Secretary of State must review (and revise, if necessary) the action plans every five years or sooner if a major development occurs.

Regulation 19 requires airport operators to draw up action plans in relation to major airports and other airports (if aircraft noise results in a value of 55 L_den or 50 L_night anywhere in those agglomerations). The airport operator must review (and revise, if necessary) the action plans every five years or sooner if a major development occurs. Once drawn up or revised, the airport operators must submit an action plan to the Secretary of State for adoption.

Regulation 20 specifies the public participation required during the preparation and revision of action plans.

Regulation 21 requires public authorities to treat action plans as policy insofar as the action plan identifies them as being responsible for a particular action. Public authorities may depart from such policies in specified circumstances.

Other provisions

Regulation 22 requires competent authorities in England to cooperate with their counterparts in Northern Ireland, Scotland and Wales when necessary to do so in order to meet obligations under these Regulations or the Directive.

Regulations 23 and 24 set out the mechanism by which the Secretary of State adopts strategic noise maps and action plans respectively.

Regulation 26 provides the Secretary of State with the power to require competent authorities to provide information in relation to their obligations under the Regulations or to step in and carry out the functions of competent authorities under specified circumstances.

Regulation 27 gives the Secretary of State power to reclaim certain expenses from competent authorities.

Regulation 29 sets out requirements for the publication of strategic noise maps, a consolidated noise map and action plans prepared by airport operators and approved by the Secretary of State.

Regulation 30 requires competent authorities to have regard to any guidance published by the Secretary of State.

A Regulatory Impact Assessment has been prepared and placed in the libraries of both Houses of Parliament. It is available on http://www.defra.gov.uk/environment/noise/ambient.htm. A transposition note has been prepared and is available on http://www.defra.gov.uk/environment/noise/ambient.htm.