Paragraph 006 deals with the question "What factors influence whether noise could be a concern?". It states that the subjective nature of noise means that there is not a simple relationship between noise levels and the impact on those affected. This will depend on how various factors combine in any particular situation. When proposed developments could include activities that would be covered by the licensing regime, local planning authorities should consider whether the potential for adverse noise impacts will be addressed through licensing controls (including licence conditions). Local planning authorities should not however presume that licence conditions will provide for noise management in all instances and should liaise with the licensing authority.
Paragraph 007 deals with enforcement action against a statutory nuisance. It states that noise can constitute a statutory nuisance and is subject to the provisions of the Environmental Protection Act 1990 and other relevant law. This includes noise affecting balconies and gardens. The paragraph now also states that when assessing whether a statutory nuisance exists, local authorities will consider a number of relevant factors, including the noise level, its duration, how often it occurs, the time of day or night that it occurs and the ‘character of the locality’. The factors influencing the 'character of the locality' may include long-established sources of noise in the vicinity - for example, church bells, industrial premises, music venues or public houses.
Date: December 2014 Date of publication
DCP link: This item updates DCP section 4.137