Control of Pollution Act 1974

Section 63(4).

SCHEDULE 1 Noise abatement zones

1 A local authority shall after making any noise abatement order—

(a) serve on every owner, lessee and occupier (other than tenants for a month or any period less than a month) of any of the premises within the area to which the order relates; and

(b) publish in the London Gazette and once at least in each of two successive weeks in some newspaper circulating in the area to which the order relates,

a notice complying with the requirements set out in the following paragraph.

2 The requirements referred to in the preceding paragraph are that the notice shall—

(a) state that the order has been made, and its general effect;

(b) specify a place in the area of the local authority where a copy of the order and of any map or plan referred to therein may be inspected by any person free of charge at all reasonable times during a period of not less than six weeks from the date of the notice ; and

(c) state that within the said period any person who will be affected by the order may by notice to the Secretary of State object to the confirmation of the order.

3 (1) If no objection is duly made to the Secretary of State within the said period, or if every objection so made is withdrawn, the Secretary of State may, if he thinks fit, confirm the order with or without modifications.

(2) In any other case he shall, subject to the following provisions of this paragraph, before confirming the order—

(a) cause a local inquiry to be held in pursuance of section 96 of this Act; or

(b) afford to any person by whom an objection has been duly made as aforesaid and not withdrawn an opportunity of appearing before and being heard by a person appointed by him for the purpose ;

and, after considering the objection and the report of the person who held the inquiry or the person appointed as aforesaid, he may confirm the order with or without modifications.

(3) The Secretary of State may confirm the order (with or without modifications) without complying with the preceding sub-paragraph if he is satisfied that compliance is unnecessary having regard to—

(a) the nature of the premises to which the order will relate when it comes into force ; or

(b) the nature of the interests of the persons who have made objections which have not been withdrawn.

(4) Where the order varies or revokes a previous order, the Secretary of State may, in acting under sub-paragraph (2) above, disregard any objection to the order which in his opinion amounts in substance to an objection which was made to the previous order.

4 An order when confirmed shall come into operation on such date as may be specified in the order which, except in the case of an order revoking an existing order or varying an existing order by excluding from it any specified class of premises, shall not be a date earlier than one month from the date of confirmation:

Provided that if, before the date on which the order is to come into operation, the local authority—

(a) passes a resolution postponing the coming into operation of the order ; and

(b) publishes a notice stating the effect of the resolution in the London Gazette and once at least in each of two successive weeks in a newspaper circulating in the area to which the order relates,

the order shall, unless there is a further postponement under paragraph (a) of this proviso, come into operation on the date specified in the resolution.

5 A local authority shall not exercise its powers under the proviso to the preceding paragraph to postpone the coming into operation of a noise abatement order for a period of, or for periods amounting in all to, more than twelve months without the consent of the Secretary of State.