Section 61 applications

The Control of Pollution Act 1974 gives local authorities powers to take action in relation to noise from construction activities. Many construction activities are inherently noisy and can cause disturbance to neighbours. The Council expects developers and contractors to use the best practicable means at all times. With the main aim to minimise noise disturbance to nearby residents and other building occupiers.

The Council can serve an enforcement notice on developers and contractors imposing conditions about how works are undertaken. This is called a Section 60 Notice and we only do this if:

• we are receiving complaints about noise from construction works
• and informal representations to the developer or contractor have not resulted in an improvement in the situation

 The section 60 notice can impose requirements such as:

• site working hours
• boundary noise limits
• plant or equipment selections
• site working methods

Developers and contractors who are undertaking major works can apply to the Council for a Section 61 Consent to seek agreement to their proposals for controlling noise. The Council has 28 calendar days to consider such an application and issue a Consent or refuse the application. This process is only used where significant noise disturbance is anticipated from a construction project, or the project has a long duration. If a Section 61 Consent is in place, the Council cannot subsequently serve a Section 60 notice.

Contractors and developers can make a Section 61 application using our online form. Alternatively, please email environmentalhealth@walthamforest.gov.uk and request a hard copy application form.