OpenLegislation

Paragraph 18 Control of noise during operational phaseI1

England, Wales and Scotland

(1)

The rating level of the overall operational noise immissions from Work No. 9A or 50A must not exceed 35 dB LAeq (5 min.) free-field (as defined in and measured in accordance with BS4142:2014 including any relevant penalties for tonal or impulsive character) at any residential property that lawfully exists on the date on which this Order is made.

(2)

In the event of a complaint to the relevant planning authority relating to noise immissions from the operation of Work No. 9A or 50A which may reasonably be expected to result in levels above those allowed by paragraph (1)—

(a)

the undertaker must submit a proposed measurement and assessment procedure, based on the guidance and assessment methodology outlined in BS4142:2014, including a proposed measurement methodology and monitoring locations to the relevant planning authority for approval;

(b)

measurements must be undertaken in accordance with the approved procedure by an independent consultant appointed by the undertaker in order to determine compliance or otherwise with paragraph (1).

Annotations

Commencement

I1

Sch. 1 para. 18 in force at 27.9.2016, see art. 1(2)