CoPA Section 61 prior consent
The Control of Pollution Act 1974 (CoPA) gives us powers to control noise and vibration from construction sites and other works. Section 61 allows contractors to apply for Prior Consent and agree working hours, site noise levels and other measures prior to work starting. It is not a legal requirement to have consent in place, however, if consent is not in place then any works should implement Best Practicable Means. Where Section 61 prior consent has not been agreed, Section 60 allows the Council to serve a notice of its requirements for the control of site noise at any point during the works.
In all cases the notice can:
- specify the plant or machinery that is or is not to be used
- specify the hours during which the construction work can be carried out
- specify the level of noise and vibration that can be emitted from the site during specified hours
- allow for any change of circumstances
When to apply
If you need to carry out noisy construction work outside normal working hours, you should complete a CoPA Section 61 application at least 28 days before the work begins.
This helps us decide whether the work is acceptable and ensures we protect nearby residents and others who may be affected by noise or vibration.
Before completing the application read the the following guidance notes:
Highways
If the proposed works are on or are next to the highway then you should already have permission from our Highways Department (guidelines for working hours in this instance are different to construction normal working hours). Find out more about what is required for different highways permits.