Control of Pollution Act 1974

[F1 58 Summary proceedings by local authorities. E+W+S

(1) Where a local authority is satisfied that noise amounting to a nuisance [F2 (including without prejudice to the generality of this subsection but subject to subsection (1A) below “road noise”, that is to say noise emitted from or caused by a vehicle, machinery or equipment in a road)]] exists, or is likely to occur or recur, in the area of the local authority, the local authority shall serve a notice imposing all or any of the following requirements—

(a) requiring the abatement of the nuisance or prohibiting or restiricting its occurrence or recurrence;

(b) requiring the execution of such works, and the taking of such other steps, as many be necessary for the purpose of the notice or as may be specified in the notice;

and the notice shall specify the time or times within which the requirements of the notice are to be complied with.

[F3 (1A) Subsection (1) above does not apply to road noise made—

(a) by traffic;

(b) by any naval, military or air force of the Crown or by any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of the M1 Visiting Forces Act 1952; or

(c) by a political demonstration or a demonstration supporting or opposing a cause or campaign.]

(2) The notice shall be served on the person responsible for the nuisance or, if that person cannot be found or the nuisance has not yet occurred [F4 (and the noise in question is not road noise)], on the owner or occupier of the premises from which the noise is emitted or would be emitted.

(3) The person served with the notice may appeal against the notice to a magistrates’ court within twenty- one days from service of the noice.

(4) If the person on whom a noice is served under this section without reasonable excuse contravenes any requirements of the notice, he shall be guilty of an offence against this Part of this Act.

(5) In proceedings for an offence under the preceding sub-section in respect of noise caused in the course of a trade or business, it shall be a defence to prove hat the best practicable means have been used for preventing, or for counteracting the effect of, the noise.

(6) In proceedings for an offence under subsection (4) of this section of contravening requiremens imposed by virtue of sub-section (1)(a) of this section it shall be a defence to prove.—

(a) that the alleged offence was covered by a notice served under section 60 or a consent given under section 61 or 65 of t his Act; or

(b) where the alleged offence was committed at a time when [F5 premises to which the offence relates] were subject to a notice under section 66 of this Act, that the level of noise emanating from the premises at that time was not such as to constitute a contravention of the noice under section 66; or

(c) where the alleged offence was committed at a time when [F5 premises to which the offence relates] were not subject to a notice under section 66 of this Act, and when a level fixed under section 67 of this Act applied to the premises, that the level of noise emanating from the premises at that time did not exceed that level. Paragraphs (b) and (c) above apply whether or not the relevenat notice was subject ot appeal at the time when the offence was alleged to have been committed

(7) Where a nuisance which exists or has occurred within the area of a local authority, or which has affected any part of that area, appears to the local authority to be wholly or partly caused by some act or default committed or taking place outside its area, the local authority may act under this section as if the act or default were wholly within that area, exept that any appeal shall be heard by a magistrates’ court having jurisdiction where the act or default is alleged to have taken place.

(8) If a local authority is of opinion that proceedings for an offence under subsection(4) of this section would afford an inadequate remedy in the case of any noise which is a nuisance, they may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction for the purpose of securing the abatement, prohibition or restriction of the nuisance, and the proceedings shall be maintainable not withstanding that the local authority has suffered no damage from the nuisance; but in any proceedings taken in pursuance of this subsection it shall be a defence to prove that the noise was authorised by a notice under section 60 or a consent under section 61 of this Act.

(9) Section 1 of the Noise Abatement Act 1960 (which is superseded by this section) shall cease to have effect except as respects notices served by virtue of that section before the coming into force of this section.

[F6 (10) This section is subject to section 58A of this Act.]

Textual Amendments

F1 S. 58 repealed (E.W) (N.I.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. III

F2 Words in s. 58(1) inserted (5.1.1994) by 1993 c. 40, ss. 6, 12(1), Sch. 1 para. 2(a)

F3 S. 58(1A) inserted (5.1.1994) by 1993 c. 40, ss. 6, 12(1), Sch. 1 para. 2(b)

F4 Words in s. 58(2) inserted (5.1.1994) by 1993 c. 40, ss. 6, 12(1), Sch. 1 para. 2(c)

F5 Words in s. 58(6)(b)(c) substituted (5.1.1994) by 1993 c. 40, ss. 6, 12(1), Sch. 1 para.2(d)

F6 S. 58(10) added (5.1.1994) by 1993 c. 40, ss. 6, 12(1), Sch. 1 para. 2(e)

Marginal Citations

M1 1952 c. 67.