Regulation 9 Ascertainment of level of noise

(1)

Subject to paragraph (2), for the purpose of determining whether a duty under regulation 4 or a power under regulation 5 or 6, as the case may be, has arisen with respect to an eligible building, the prevailing day-time noise level, the prevailing night-time noise level, the relevant noise level or the effective contribution to the relevant noise level made by noise caused or expected to be caused by the movement of vehicles using, or expected to use, initial works, additional works or altered works, as the case may be, shall be ascertained by—

(a)

employing the method of calculation specified in a technical memorandum entitled Calculation of Railway Noise (1995), published by Her Majesty’s Stationery Office; and

(b)

basing such calculations on the traffic flows expected under normal operating conditions within a period of 15 years from the relevant date.

(2)

The responsible authority shall ascertain every eligible building in respect of which a duty under regulation 4 has arisen and shall prepare a map or list, or both, identifying every such building and a schedule specifying the traffic flow used by the responsible authority as the basis for ascertaining the noise level concerned.

(3)

Any such map, list or schedule shall be deposited not later than 6 months after the relevant date at the premises of the responsible authority or its agent located within the same local authority area as the buildings identified therein and shall thereafter be made available for public inspection during normal office hours.