Noise Legislation

Legislation and Policy to Control Noise

Environmental Noise Directive (END)

The EU Directive 2002/49/EC relating to assessment and management of environmental noise, commonly referred to as the Environmental Noise Directive (END), was published in July 2002. The END was implemented in Northern Ireland by the Environmental Noise Regulations (Northern Ireland) 2006. Other Member States and devolved administrations have brought in their own implementing legislation such as The Environmental Noise (England) Regulations 2006, The Environmental Noise (Wales) Regulations 2006 and The Environmental Noise (Scotland) Regulations 2006.

The aim of the END is to avoid, prevent or reduce on a prioritised basis the harmful effects, including annoyance, of exposure to environmental noise. The END focuses on the impact of such noise on individuals and it complements existing EU legislation which sets standards for noise emissions from specific sources.

The three main actions that the END requires Member States to undertake are to:

  • determine the noise exposure of the population through noise mapping;
  • make information on environmental noise and its effects available to the public; and
  • establish Action Plans based on the mapping results.

The purpose of an Action Plan is to describe how designated Competent Authorities under the Environmental Noise Regulations (Northern Ireland) 2006, propose to deliver their obligations under the END.

The purpose of the Competent Authority Noise Action Plan guidance is to provide assistance in setting out the proposed mechanisms and arrangements for the development of Action Plans during the action planning process.

The consultation was undertaken during the period 1st December 2008 – 26th January 2009 and specifically requested views on the Northern Ireland Competent Authority Environmental Noise Action Plans and the Draft Action Plan Guidance.

A synopsis of the comments received along with the Departments responses can be viewed below.

Summary of Responses (pdf format, 60KB) Opens New Browser Window

Consultation on the Draft Northern Ireland Environmental Noise Directive Action Plan Opens New Browser Window

Environmental Noise Regulations (Northern Ireland) 2006 (the Regulations)

The Environmental Noise Regulations came into force on 20 October 2006. They apply to environmental noise in built-up areas, public parks or other quiet areas in agglomerations (large urban areas) and other noise sensitive buildings and areas. The Regulations apply to noise from road, railway and airport sources, as well as industrial noise. They do not apply to noise caused by the person exposed, from domestic or work activities or from neighbours. Nor do they apply to noise inside a vehicle or from military activities in a military area.

Under the Regulations and Directive certain authorities in each Member State are required to compile noise maps showing the noise occurring a particular area, whether from particular stretches of road or rail or airports or industrial sources. The noise maps are produced using computer modelling.

Following the analysis of the noise maps the authorities identify the noise pollution priorities and develop Action Plans which can require the implementation of measures to reduce or preserve noise in a given area. There is also provision for the identification and protection of designated “Quiet Areas” in agglomerations. Action Plans must be reviewed every 5 years or when a major development occurs. To assist in the assessment and identification of priorities, the Department of the Environment has established the Northern Ireland Environmental Noise Directive Steering Group which consists of representatives from the various noise sources, together with other stakeholders and interested parties.

The Regulations can be viewed by following this link below.

http://www.opsi.gov.uk/sr/sr2006/nisr_20060387_en.pdf

Noise Insulation Regulations (Northern Ireland) 1995

These Regulations apply to all developments proposed by the Department of Regional Development and enable a resident experiencing increased noise from a new or altered road to have double windows, supplementary ventilation, or double doors installed.

Land Compensation Act 1973

This legislation can provide monetary compensation to homeowners affected by an altered road. The money takes account of any loss in value of the property as a result of the road.

Below is a link to the Act.

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1973/cukpga_19730026_en_1

Noise Act 1996

Councils have discretion to adopt the Noise Act 1996. The Act provides additional powers to councils when dealing with night noise from domestic premises. The powers include issuing warning or fixed penalty notices and seizing noise making equipment in certain circumstances.

Follow the link below for a copy of the Act.

http://www.opsi.gov.uk/acts/acts1996/ukpga_19960037_en_1

Pollution Control and Local Government (Northern Ireland) Order 1978

Article 38 of this Order gives the councils power to deal with noise from premises or land which they consider amounts to a statutory nuisance. The powers apply to the control of existing noise or where noise is expected to occur or reoccur. Where a council is satisfied that a nuisance exists, it can serve a Noise Abatement Notice requiring abatement of the noise.

The Regulations can be viewed by following this link below.

http://www.opsi.gov.uk/RevisedStatutes/Acts/nisi/1978/cnisi_19781049_en_1

Building Regulations

There are various sets of building regulations, British Standards and guidance relating to noise and buildings including homes, offices or schools.

The following link is to the Department of Finance and Personnel’s webpage relatin

g to the Buildings Regulations.

http://www.dfpni.gov.uk/building-regulations

The Planning Regime

If a proposed development is likely to cause noise, its location and installation of noise abatement measures can be controlled through the planning system. When proposing certain developments, an Environmental Statement including an assessment of the potential noise impact may be required.  Existing sources of noise are not subject to planning control but may be considered in the context of proposed development which could be affected by the noise.

IPPC Permitting

This regime applies to industrial installations involved in metal, mineral and chemical processing. Certain installations require permits before operations can commence and it is a requirement that operators demonstrate that they are using Best Available Technologies before a permit will be granted.

Other Measures

Other non-legislative measures to control noise have been adopted. For instance the Regional Transport Strategy requires the environmental impacts of proposals to be assessed when determining the feasibility of a proposed scheme and Transport Analysis Guidance (available at http://www.webtag.org.uk ) gives advice on setting objectives, identification of problems and solutions and appraisal of transport schemes.

The above is only intended as an overview of the type of measures available and should not be taken as legal advice.

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