Control of Pollution Act 1974

67 New buildings etc.

(1) Where it appears to the local authority—

(a) that a building is going to be constructed and that a noise abatement order will apply to it when it is erected; or

(b) that any premises will, as the result of any works, become premises to which a noise abatement order applies,

the local authority may, on the application of the owner or occupier of the premises or a person who satisfies the authority that he is negotiating to acquire an interest in the premises or on its own initiative, determine the level of noise which will be acceptable as that emanating from the premises.

(2) The local authority shall record in the noise level register the level of noise determined under this section for any premises.

(3) The local authority shall give notice of its intention to the applicant or, in the case of a decision made on its own initiative, to the owner or the occupier of the premises, and the recipient of the notice may appeal to the Secretary of State against that decision within three months of the date on which the local authority notifies him of that decision ; and it shall be the duty of the local authority to act in accordance with the decision of the Secretary of State on the appeal.

(4) If within the period of two months beginning with the date when the local authority receives an application in pursuance of subsection (1) of this section, the authority has not given notice to the applicant of its decision on the application, the authority shall be deemed to have given him notice on the expiration of that period that it has decided not to make a determination in pursuance of the application ; and the applicant may accordingly appeal against the decision to the Secretary of State in pursuance of the preceding subsection.

(5) Where at any time after the coming into force of a noise abatement order any premises become premises to which the order applies as a result of the construction of a building or as a result of any works carried out on the premises but no level of noise has been determined under this section as respects the premises, section 66 of this Act shall apply as if—

(a) paragraph (b) of subsection (1) were omitted; and

(b) three months were substituted for six months in subsection (3); and

(c) subsection (9) were omitted.