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29-Aug-2008
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Nuisance from building sites

Introduction

A certain amount of noise and other inconvenience is to be expected from building sites or DIY works. Persons carrying out building works have a responsibility to minimise noise wherever possible.

As construction sites are not permanent, the law is much more tolerant of noise produced. Noise emanating from a building site would not usually considered to be a statutory nuisance unless bad practice leads to unnecessary noise that affects a person's enjoyment of his or her property. Many factors such as; the nature of the noise, the time of year, its intrusiveness, and the time of day should be taken into consideration. Often, local residents will be warned of possible problems.

A resident with a complaint should always contact the construction company first in an attempt to resolve the situation as intervention by the Environmental Health department can often lead to bad feelings between neighbours.

Noise

Where a site is adjacent to residential or business premises, the Environmental Health department of Runnymede Borough Council requires that the use of heavy plant, noisy equipment or operations and deliveries should not take place outside the hours of:

  • Monday-Friday 8.00-18.00
  • Saturday 8.00-13.00
  • Sundays/Bank Holidays - No noisy activity

If there is going to be any unavoidable late night or early morning working, neighbouring homes should be advised. Construction companies should notify the Runnymede Borough Council’s Environmental Health department of any noisy works to be executed at times other than outlined above.

Environmental Health Officers may consider issuing a notice under The Control of Pollution Act 1974 either to prohibit works outside certain hours or alternatively to grant prior consent for works outside normal hours.

All plant and equipment should be suitably sited, operated and serviced in order to minimise noise, vibration, fumes and dust. Best practical means should be employed to minimise potential nuisance to neighbouring properties. All plant should be turned off when not in use.

Pneumatic tools should be fitted with an integral silencer and/or purpose made muffler, which is maintained in good repair.

Other Issues likely to arise

During extended periods of dry weather, dust control measures must be employed. Such measures would include; wheel washing and damping down of site. Any stockpiles of materials such as sand, topsoil or gravel which are likely to give rise to windblown dust, shall be sheeted, wetted or suitably located in order to minimise any potential statutory nuisance.

Where the site is adjacent to residential or business premises, it is best practice not to have bonfires. It is more suitable to have all waste materials removed from the site and suitably disposed of.

It is an offence under Section 33 of the Environmental Protection Act 1990 to deposit waste or knowingly cause or allow waste to be deposited on land unless a waste management licence is in force authorising the deposit, also under Section 34 we all have a duty of care to make sure the waste we produce is disposed off in a proper manner., therefore, in order to ensure that any waste from a building site does not end up being fly-tipped, the person in charge of the building site must only give the waste to a waste carrier who is registered with the Environment Agency.

Any person can check whether or not a waste carrier is registered with the Environment Agency by telephoning 08708 506506 and requesting an instant Waste Carrier Validation Check.

Any material that is likely to produce dark/black smoke be burnt (e.g. plastics, rubber, treated wood, bitumen, polystyrene etc) should not be burned on any building site at any time under any circumstances.

Any oil storage tanks (such as diesel tanks) should be safely and securely sited to prevent soil contamination, groundwater contamination etc. if there are any spills or leakages. Oil storage tanks should be surrounded by an impervious oil/watertight bund with a capacity of at least 110% of the tank.

Buildings or any other structures should be checked for materials containing asbestos before demolition. Any asbestos containing materials must be removed in full consultation with the Health and Safety Executive.

If there is any suspicion that a material contains asbestos or if there is any doubt as to whether or not a material contains asbestos it should be treated as if it does contain asbestos.

If you have any queries in relation to Public Health issues on building sites within the borough of Runnymede please contact:

Runnymede Borough Council Tel: 01932 425131