Section 61 Prior Consent Applications

What is a Section 61 Prior Consent Application?

A Section 61 Prior Consent application is a formal application made to the local authority under the Control of Pollution Act 1974 before relevant construction works are carried out. It allows the proposed working hours, construction methods, plant, predicted construction noise levels and noise-control measures to be considered and agreed in advance.

Sections 60 and 61 of the Control of Pollution Act 1974

The Control of Pollution Act 1974 gives local authorities powers to control noise from construction sites. Sections 60 and 61 provide two different ways in which those controls can be applied.

Section 60 – Controls Imposed on the Works

Section 60 allows the local authority to serve a notice imposing requirements for the control of construction noise. These can include the plant or machinery that may or may not be used, permitted working hours, noise limits and other requirements governing how the works are carried out.

Section 61 – Prior Consent Agreed Before the Works

Section 61 allows the contractor to apply for Prior Consent before the relevant works commence. The application describes the proposed works and construction methods together with the measures that will be used to minimise construction noise. For many London projects this is supported by predicted construction noise levels, mitigation and monitoring proposals.

In simple terms, Section 60 allows the local authority to impose controls on the works, whereas Section 61 allows the project team to seek agreement to the proposed approach in advance.

Why Obtain Section 61 Prior Consent?

Section 61 Prior Consent allows the proposed construction noise controls to be considered and agreed with the local authority before the relevant works begin. The consent can establish agreed working hours, construction methods, plant, predicted noise levels, mitigation measures, monitoring requirements and other controls applicable to the works.

Once works are underway, noise-monitoring results and site records can be used to demonstrate that construction activities are being carried out within the agreed parameters and in accordance with the consent conditions.

For the contractor, the principal benefit is greater programme certainty. Working within an agreed Section 61 consent materially reduces the risk of unexpected construction-noise restrictions disrupting the programme, provided the works continue to comply with the consent and its conditions.

When Might a Section 61 Application Be Required?

A Section 61 application may be required where proposed construction activities have the potential to generate significant noise, where the project falls within specific borough Code of Construction Practice requirements, or where particularly noisy or out-of-hours works are proposed.

The requirement is not the same across every London borough. Depending on the location, scale and nature of the works, Section 61 Prior Consent may be required for particular project categories or activities even where another borough would take a different approach.

The planning decision notice, planning conditions, relevant Code of Construction Practice and current local-authority guidance should therefore be reviewed at an early stage to establish whether Section 61 Prior Consent is required and when the application should be submitted.

Where Section 61 is required, preparation should begin sufficiently early to allow the project team to provide the necessary construction information and the local authority to review the application before the relevant works commence.

What Information Is Needed for a Section 61 Application?

A Section 61 application needs sufficient information for the local authority to understand what construction activities are proposed, when they will take place, what plant and equipment will be used, the noise likely to be generated and how that noise will be controlled and monitored.

Typical information can include:

• construction programme and proposed working hours;

• description and sequence of the proposed works;

• construction methodologies for the principal noisy activities;

• plant and equipment schedules;

• quantities of each item of plant or equipment;

• anticipated operating periods or percentage on-times;

• manufacturer or other suitable noise data for the proposed plant;

• locations of plant, equipment and principal construction activities;

• nearby noise-sensitive receptors, such as residential properties, schools or other sensitive uses;

• proposed noise and vibration mitigation measures;

• proposed noise-monitoring locations and methodology;

• trigger or action levels and procedures for responding to exceedances, where required; and

• relevant contractor, site-management and contact information.

The exact information required will depend on the project and the local authority. Where detailed contractor information is not yet available, Seneca Services can identify the outstanding inputs and coordinate with the project team before the application and supporting assessment are finalised.

Why Is a Construction Noise Assessment Needed?

Where the local authority requires predicted construction noise levels, the Section 61 application will normally be supported by a project-specific Construction Noise Assessment based on the proposed construction methodology, plant, equipment usage and anticipated periods of operation.

The assessment predicts construction noise at nearby noise-sensitive receptors, such as residential properties, schools and other sensitive uses. These predictions allow the likely impact of the works to be understood and provide the technical basis for identifying appropriate mitigation, Best Practicable Means and monitoring requirements.

A Construction Noise Assessment is different from a general Noise Impact Assessment or acoustic report prepared for the completed development. Existing acoustic reports may provide useful baseline information, but they will not normally contain the construction-specific plant, methodology and activity-noise predictions required to support the Section 61 process.

Where suitable baseline environmental noise data is already available, it may be possible to use that information. Where reliable baseline data is not available, additional environmental noise monitoring may be required before the Construction Noise Assessment and Section 61 application can be finalised.

How Are Construction Noise Levels Predicted?

Construction noise levels are normally predicted using the methodology set out in BS 5228-1:2009+A1:2014, or the current applicable edition of the recognised British Standard for assessing and controlling construction noise.

The assessment considers the plant and equipment expected to operate during each construction activity together with the quantity of equipment, its noise data, location and anticipated period of operation.

Where plant operates intermittently, the expected percentage on-time is taken into account so that the assessment reflects how the equipment is realistically expected to be used rather than assuming that every item operates continuously.

The calculations also consider the distance between construction activities and nearby noise-sensitive receptors, together with relevant screening, acoustic barriers and other site-specific factors affecting how noise travels from the works.

Where several items of plant are expected to operate simultaneously, their combined contribution is assessed to establish the predicted construction noise level at each relevant receptor. Different phases or particularly noisy activities can therefore be assessed separately where their plant and working methods differ.

These predicted levels provide the technical basis for agreeing appropriate mitigation, Best Practicable Means and monitoring requirements through the Section 61 process.

Mitigation, Best Practicable Means and Noise Monitoring

The Section 61 application should explain how construction noise and vibration will be reduced as far as reasonably practicable. This is commonly demonstrated through the application of Best Practicable Means (BPM), taking account of the proposed works, available construction methods, plant and equipment, site constraints and nearby sensitive receptors.

Mitigation measures may include selecting quieter plant or alternative working methods, positioning equipment away from sensitive receptors, using acoustic barriers or enclosures, switching off plant when not in use, controlling simultaneous noisy activities and sequencing works to reduce periods of higher noise exposure.

Where monitoring is required, the application should identify suitable monitoring locations, the equipment and methodology to be used, monitoring frequency and procedures for recording and reviewing results.

Where appropriate, trigger and action levels can be established so that monitoring results are compared against predetermined parameters. If a trigger or action level is reached, the contractor can investigate the cause, review the activity and implement additional mitigation or changes to working methods where necessary.

Monitoring records provide an auditable means of demonstrating that construction activities are being undertaken within the parameters agreed through the Section 61 consent.

Section 61 Requirements Across London

Section 61 Prior Consent is provided for by the Control of Pollution Act 1974, but the way it is applied in practice varies between London boroughs. Requirements can depend on project scale, construction activity, proposed working hours and the authority's own Code of Construction Practice or construction-noise procedures.

For this reason, current borough guidance should be reviewed at an early stage. The following examples illustrate how requirements can differ.

Royal Borough of Kensington and Chelsea

RBKC's Code of Construction Practice requires Category 1 sites to submit an application for Section 61 Prior Consent. Applications should be received at least 28 days before the relevant works commence.

For Category 1 sites, the process includes assessment of the proposed construction methods and prediction of likely construction noise levels at sensitive receptors, together with measures demonstrating the use of Best Practicable Means.

RBKC also identifies an important practical benefit of Prior Consent: construction noise and vibration matters can be discussed and agreed before works commence, reducing the risk of unforeseen restrictions subsequently disrupting the programme.

Westminster City Council

Under Westminster's current Code of Construction Practice, Level 1 and Level 2 sites must apply for Section 61 Prior Consent at least 28 days before works commence.

Westminster's requirements can include details of the proposed works and working hours, baseline noise information, plant and equipment, predicted activity noise levels at sensitive receptors, mitigation and a noise-monitoring strategy.

Where monitoring is required, the strategy can include trigger and action levels together with procedures for responding to exceedances and complaints. Westminster also encourages draft applications to be discussed in advance where possible.

London Borough of Camden

Camden's current public guidance particularly identifies Section 61 Prior Consent where planned noisy construction works are proposed outside the borough's normal permitted working hours.

Applications should be made at least 28 days before the relevant works. Camden advises that out-of-hours applications will be considered where third-party restrictions or constraints make those arrangements necessary, for example road or railway closures, health and safety requirements or heavy-load movements.

Project-Specific Requirements

These examples demonstrate why there is no single Section 61 approach that can simply be applied to every London project. Requirements should be established from the current local-authority guidance, planning conditions, Code of Construction Practice and proposed construction methodology.

Seneca Services reviews the applicable requirements at the outset and identifies the Section 61, Construction Noise Assessment, baseline noise, mitigation and monitoring information required for the specific project.

Local-authority requirements and Codes of Construction Practice can change. Current borough guidance should therefore be checked when the project scope is established and again before submission.

What Happens After a Section 61 Application Is Submitted?

Once the Section 61 Prior Consent application has been submitted, the local authority will review the proposed works, working hours, construction methods, plant, predicted noise levels, mitigation and monitoring arrangements.

The authority may request clarification or additional information before determining the application. This can include further detail on construction methodology, plant noise data, receptor assumptions, mitigation measures, monitoring arrangements or proposed working hours.

Under Section 61 of the Control of Pollution Act 1974, the local authority is required to inform the applicant of its decision within 28 days of receiving the application.

Where consent is granted, conditions can be attached to it. These may confirm or restrict working hours, construction methods, plant, noise-control measures, monitoring requirements, duration of the consent and other matters relevant to the works.

The consent then provides the agreed framework within which the relevant construction activities should be carried out. The project team should continue to comply with the consent and maintain appropriate monitoring and records so that compliance can be demonstrated where required.

If the construction methodology, plant, working hours or other material aspects of the works subsequently change, the project team should review whether the existing consent remains appropriate and whether an amendment, revised application or other further agreement with the local authority is required before the revised activity proceeds.

Section 61 Application Example – What Does One Look Like?

A Section 61 application is not simply a standard form completed with basic project information. It combines the local authority's requirements with project-specific construction methodology, programme, plant, predicted noise levels, mitigation and monitoring information.

A typical submission may comprise the authority's application form or schedule together with a supporting Construction Noise Assessment, plant and activity schedules, receptor information, mitigation and Best Practicable Means, monitoring proposals and relevant plans or appendices.

The exact format and level of detail varies between local authorities and projects. Seneca Services therefore prepares the submission around the actual construction methodology and applicable borough requirements rather than relying on a generic application template.

Where clients ask for a Section 61 application example, we can explain the typical structure and information required, but confidential project documentation is not published or reused as a substitute for a project-specific application.

How Seneca Services Can Assist

Seneca Services can support the Section 61 process from the initial review of the project requirements through to preparation of the Prior Consent application and supporting technical documentation.

Our involvement can include:

• reviewing the planning conditions, borough guidance and applicable Code of Construction Practice;

• confirming the Section 61 requirements and identifying the information needed from the project team;

• reviewing available baseline acoustic information and identifying whether additional monitoring is required;

• preparing the supporting Construction Noise Assessment;

• coordinating construction methodology, programme, plant and equipment information;

• predicting construction noise levels at relevant sensitive receptors;

• identifying appropriate mitigation, Best Practicable Means and monitoring arrangements;

• preparing and coordinating the Section 61 Prior Consent application and supporting information; and

• responding to reasonable local-authority queries and updating the submission where required before determination.

Where the Principal Contractor has not yet been appointed, we can identify the likely information requirements at an early stage and help the project team understand what will need to be provided before the application can be finalised.

The aim is to provide a clear, project-specific submission that gives the local authority the information needed to understand the proposed works, predicted construction noise and proposed control measures while giving the contractor a practical framework for carrying out and monitoring the works in accordance with the consent.

Frequently Asked Questions

Do I need a Section 61 Prior Consent application?

Not every construction project requires Section 61 Prior Consent. The requirement depends on the local authority, project scale, proposed construction activities, working hours and any applicable Code of Construction Practice or planning requirements.

Seneca Services can review the project information and current borough guidance to establish whether a Section 61 application is required or advisable.

How early should a Section 61 application be submitted?

Section 61 requires the local authority to notify the applicant of its decision within 28 days of receiving the application. The London borough guidance considered above also requires applicable applications to be submitted at least 28 days before the relevant works.

In practice, preparation should begin earlier where contractor information, a Construction Noise Assessment or baseline environmental noise monitoring still needs to be completed.

Is a Construction Noise Assessment the same as a Noise Impact Assessment?

No. A general Noise Impact Assessment or acoustic report may assess the completed development, existing environmental noise or other planning-stage acoustic matters.

A Construction Noise Assessment specifically assesses noise generated by the proposed construction activities, plant and working methods. Existing acoustic reports may provide useful baseline information but do not normally replace the construction-specific assessment.

Will baseline noise monitoring be required?

Not always. Existing reliable acoustic survey information may provide suitable baseline data for the Construction Noise Assessment.

Where adequate baseline information is not available, additional environmental noise monitoring may be required before the assessment and Section 61 application can be finalised.

Does Section 61 guarantee that construction works cannot be stopped?

No. Section 61 Prior Consent does not remove the contractor's obligation to comply with the consent conditions or other statutory requirements.

However, agreeing the proposed working methods, predicted noise levels, mitigation and monitoring arrangements with the local authority in advance provides greater programme certainty and materially reduces the risk of unexpected construction-noise restrictions where the works remain within the agreed parameters.

Can the Section 61 consent be changed if the construction methodology changes?

Potentially. Material changes to plant, working methods, hours or other matters covered by the consent should be reviewed before the revised activity proceeds.

Depending on the nature of the change and the local authority's requirements, an amendment, variation, revised application or other further agreement may be required.

Need Help With a Section 61 Application?

If you have been told that your project requires Section 61 Prior Consent, send us the planning condition, local-authority requirement or available project information and we can confirm what documentation and supporting information will be needed.

Seneca Services can review the project requirements, identify the information needed from the contractor and project team, and prepare the Section 61 application together with the supporting Construction Noise Assessment where required.

Looking for Section 61, Construction Noise Assessment or wider dust and noise support? View our Construction Dust, Noise & Section 61 services.