Legal Regulation of Noise in the United Kingdom and the European Union

The most important, initial, point to make about the legal regulation of noise in the UK Is that it has been based. until recentty, not in statute but In the Common Law. In particular as a sub-set of the old and consequently complex law of nuisance. Due to constraints on length. l have chosen to concentrate on statutory regulation. It would be dangerous for readers, however. to ignore the important and complementary role common law nuisance continues to play in this area. The first General Act devoted to the regulation of noise in the UK was the Noise Agtemem Act 1169. In fact, it did little regulating since it merely declared that noise was a statutory nuisance. Its maln contribution lay in the fact that it codi ed the pro-existing byelaws on nolse that had been passed by some 400 different Local Authorities. The rst Act of regulatory signi cance. Interestingly. is the Egrogan Communities Act 137;. Regulations made under lt control noise from motor vehicles and tractors (in tandem with several Road Trailic Acts). The second Is the <3ng of Pol ution A5: 1974 (COPA). Part Ill 01' which is entlrely devoted to noise (ss57-74). The Environmegl Protection Ag 1990 ("EPA") has repealed the substantive sections s. 57 (a). s58 and 5. 59 and paragraphs 11 and 12 of Schedule 2 (although not in respect of Scotland). COPA's regulatory ambit today covers 4 maln areas: (1) Control of noise on construction sites (60. 61): (2) Noise in sheets (3. 62) ; (3) Noise Abatement Zones" (5. 63) and (4) Noise from plant and machinery (5. 68). Control of Noise on Construction Sites. Works where dredging or demolition occurs fall within the de nition of construction sites. Regulation. arguably. takes two forms: rstly. regulation by Local Authorities (s. 60) and secondly. sell-imposed regulation under 5. 61. Under s. 60 (2) where it appears to a Local Authority that construction site works are being, or are going to be. carried out, it may serve a notice imposing requirements as to the way in which they should be carried out. Ifa person