Paragraph 29 Control of noise - operationI1
England, Wales and Scotland
No part of the authorised development may be brought into commercial use until a scheme for management and monitoring of noise during operation of the authorised development has been submitted to and approved by the relevant planning authority.
The scheme submitted pursuant to sub-paragraph (1) must include the results of daytime and night time baseline noise monitoring that has been carried out by the undertaker for the purposes of this requirement as agreed with the relevant planning authority.
Noise (in terms of the BS4142:2014+A1:2019 rating level) from the operation of the authorised development must be no greater than +3dB higher than the defined representative background sound level during each of the daytime and the night time adjacent to the nearest residential properties at such locations as agreed with the relevant planning authority.
The scheme must be implemented and maintained as approved unless in an emergency or otherwise agreed with the relevant planning authority.
Any complaint to the undertaker in relation to operational noise must include contact details for the complainant and the date, time and nature of the noise and must then be:
acknowledged by the undertaker within 3 working days of receipt of complaint;
investigated within 7 working days of the date of acknowledgement referred to in sub-paragraph (a); and
a response provided within 7 working days of the date of completion of period for the investigations referred to in sub-paragraph (b) by reference to the threshold in paragraph (3) above.
In this Requirement—
“daytime” means the period from 0700 to 2300 and “night time” means the period from 2300 to 0700; and
“defined representative background sound level” means the sound level measured during the monitoring secured by sub-paragraph (2).
Annotations
Commencement
- I1
Sch. 2 para. 29 in force at 29.12.2022, see art. 1