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Control of Pollution Act 1974
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Changes over time for: Section 61
Version Superseded: 01/06/2016
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Point in time view as at 25/03/2016. This version of this provision has been superseded.
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Control of Pollution Act 1974, Section 61 is up to date with all changes known to be in force on or before 15 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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61 Prior consent for work on construction sites.E+W+S
(1)A person who intends to carry out works to which the preceding section applies may apply to the local authority for a consent under this section.
(2)Where approval under building regulations [F1under Part II of the M1Public Health Act 1936], or in Scotland a [F2building warrant] under [F3section 9] of the Building (Scotland) Act [F42003 (asp 8)], is required for the carrying out of the works, the application under this section must be made at the same time as, or later than, the request for the approval under building regulations or, as the case may be, the application for a [F2building warrant] under the said Act of [F52003].
(3)An application under this section shall contain particulars of—
(a)the works, and the method by which they are to be carried out; and
(b)the steps proposed to be taken to minimise noise resulting from the works.
(4)If the local authority considers that the application contains sufficient information for the purpose and that, if the works are carried out in accordance with the application, it would not serve a notice under the preceding section in respect of those works, the local authority shall give its consent to the application.
(5)In acting under this section a local authority shall have regard to the considerations set out in subsection (4) of the preceding section and shall have power to—
(a)Attach any conditions to a consent; and
(b)limit or qualify a consent to allow for any change in circumstances; and
(c)limit the duration of a consent,
and any person who knowingly carries out the works, or permits the works to be carried out, in contravention of any conditions attached to a consent under this section shall be guilty of an offence against this Part of this Act.
(6)The local authority shall inform the applicant of its decision on the application within twenty-eight days from receipt of the application; and if the local authority gives its consent to the application it may if it thinks fit publish notice of the consent, and of the works to which it relates, in such way as appears to the local authority to be appropriate.
(7)If—
(a)the local authority does not give a consent within the said period of twenty-eight days; or
(b)the local authority gives its consent within the said period of twenty-eight days but attaches any condition to the consent or limits or qualifies the consent in any way,
the applicant may appeal to a magistrates’ court within twenty-one days from the end of that period.
(8)In any proceedings for an offence under section 60(8) of this Act it shall be a defence to prove that the alleged contravention amounted to the carrying out of the works in accordance with a consent given under this section.
(9)A consent given under this section shall contain a statement to the effect that the consent does not of itself constitute any ground of defence against any proceedings instituted under F6 ... [F7section 82 of the Environmental Protection Act 1990].
(10)Where a consent has been given under this section and the works are carried out by a person other than the applicant for the consent, it shall be the duty of the applicant to take all reasonable steps to bring the consent to the notice of that other person; and if he fails to comply with this subsection he shall be guilty of an offence against this Part of this Act.
Textual Amendments
F1Words repealed (E.W.) by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7
F2Words in s. 61(2) substituted (S.) (1.5.2005) by Building (Scotland) Act 2003 (asp 8), s. 59(1), Sch. 6 para. 10(a) (with s. 53); S.S.I. 2004/404, art. 2(1)
F3Words in s. 61(2) substituted (S.) (1.5.2005) by Building (Scotland) Act 2003 (asp 8), s. 59(1), Sch. 6 para. 10(b) (with s. 53); S.S.I. 2004/404, art. 2(1)
F4Words in s. 61(2) substituted (S.) (1.5.2005) by Building (Scotland) Act 2003 (asp 8), s. 59(1), Sch. 6 para. 10(c)(i) (with s. 53); S.S.I. 2004/404, art. 2(1)
F5Word in s. 61(2) substituted (S.) (1.5.2005) by Building (Scotland) Act 2003 (asp 8), s. 59(1), Sch. 6 para. 10(c)(ii) (with s. 53); S.S.I. 2004/404, art. 2(1)
F6Words in s. 61(9) repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F7Words inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 15(3)
Modifications etc. (not altering text)
C1S. 61 modified (9.11.2001) by S.I. 2001/3682, art. 32
C2S. 61 modified (18.7.2001) by S.I. 2001/2870, art. 21
C3S. 61 modified (18.12.1996) by 1996 c. 61, s. 29
C4S. 61 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 20
S. 61 applied (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 13(3)
S. 61(7) excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 13(2)
C5S. 61 applied (21.10.2014) by The Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014 (S.I. 2014/2637), arts. 1, 36(1)(a)(i)
C6S. 61(9) excluded (9.11.2001) by S.I. 2001/3682, art. 31(2)(a)
C7S. 61(9) restricted (18.7.2001) by S.I. 2001/2870, art. 22(2)(a)
C8S. 61(9) applied (with modifications) (20.8.1999) by S.I. 1999/2336, art. 22
C9S. 61(9) restricted (18.12.1996) by 1996 c. 61, s. 30(2)
C10S. 61(9) excluded (20.8.1999) by S.I. 1999/2336, art. 23(2)
C11S. 61(9) excluded (30.4.2002) by The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002 (S.I. 2002/1066), art. 43(2)(a)
C12S. 61(9) excluded (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 35(2)(a) (with art. 40)
C13S. 61(9) excluded (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 33(2)(a) (with art. 38)
C14S. 61(9) excluded (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), arts. 1, 50(2)(a) (with art. 50(3))
C15S. 61(9) excluded (11.2.2005) by The Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), arts. 1, 73(2) (with arts. 65, 66)
C16S. 61(9) excluded (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 20(2)(a)
C17S. 61(9) excluded (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 1, 48(2)(a) (with arts. 3(5), 15(3))
C18S. 61(9) excluded (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), arts. 1, 46(2)(a) (with arts. 43, 46(3))
C19S. 61(9) excluded (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 36(2)(a) (with arts. 34, 35(2))
C20S. 61(9) excluded (30.5.2007) by The Mersey Docks and Harbour Company (Seaforth River Terminal) Harbour Revision Order 2007 (S.I. 2007/1440), arts. 1(1), 17(2)(a) (with arts. 19, 20)
C21S. 61(9) excluded (23.8.2007) by The Docklands Light Railway (Capacity Enhancement and 2012 Games Preparation) Order 2007 (S.I. 2007/2297), arts. 1, 41(2)(a) (with arts. 3(6), 12(3), 41(3))
C22S. 61(9) excluded (28.9.2007) by The London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), arts. 1, 26(2)(a) (with arts. 19, 28, Sch. 3 para. 13(2))
C23S. 61(9) excluded (13.11.2007) by The Felixstowe Dock and Railway Harbour Revision Order 2007 (S.I. 2007/3219), arts. 1, 21(2)(a) (with arts. 24, 25)
C24S. 61(9) excluded (8.5.2008) by The Teesport Harbour Revision Order 2008 (S.I. 2008/1160), arts. 1(1), 16(2)(a) (with arts. 19, 20)
C25S. 61(9) excluded (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 27(2) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))
C26S. 61(9) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), s. 21(3)(a)
C27S. 61(9) excluded (14.10.2008) by The Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 40(2)(a) (with art. 36(3))
C28S. 61(9) excluded (9.6.2009) by The Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 1, 78(2)(a) (with Sch. 13 para. 14(2), Sch. 14 para. 19, Sch. 16)
C29S. 61(9) excluded (18.9.2009) by The London Underground (Victoria Station Upgrade) Order 2009 (S.I. 2009/2364), arts. 1, 38(2)(a)
C30S. 61(9) excluded (17.3.2010) by The Harwich Parkeston Quay Harbour Revision Order 2010 (S.I. 2010/626), arts. 1, 16 (with art. 20)
C31S. 61(9) excluded (13.4.2010) by The Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order 2010 (S.I. 2010/2020), arts. 1(2), 26(2)(a) (with arts. 18, 19)
C32S. 61(9) excluded (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), arts. 1, 26(2)(a)
C33S. 61(9) excluded (27.8.2010) by The Llangollen and Corwen Railway Order 2010 (S.I. 2010/2136), arts. 1(1), 10(2)(a) (with art. 10(3))
C34S. 61(9) excluded (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), arts. 1, 50(2)(a) (with art. 51, Sch. 10 paras. 68, 85)
C35S. 61(9) excluded (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 70(2), 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, Sch.
C36S. 61(9) excluded (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 41(2)(a)
C37S. 61(9) excluded (16.3.2012) by The Dover Harbour Revision Order 2012 (S.I. 2012/416), arts. 1(1), 16(2)(a) (with arts. 18, 19, Sch. para. 7)
C38S. 61(9) excluded (7.8.2012) by The Ipswich Barrier Order 2012 (S.I. 2012/1867), arts. 1, 52(2)(a) (with arts. 46-48, Sch. 8 para. 18)
C39S. 61(9) excluded (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 29(2) (with art. 26(2))
C40S. 61(9) excluded (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 38(2) (with art. 35(2))
C41S. 61(9) excluded (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 38(2)(a) (with art. 42(2))
C42S. 61(9) restricted (28.2.2013) by The Rookery South (Resource Recovery Facility) Order 2011 2013 (S.I. 2013/680), art. 9(2)
C43S. 61(9) restricted (13.3.2013) by The Brechfa Forest West Wind Farm Order 2013 (S.I. 2013/586), arts. 1, 9(3)
C44S. 61(9) excluded (9.4.2013) by The Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I. 2013/648), arts. 1, 12(2) (with arts. 48, 68, 79)
C45S. 61(9) restricted (9.4.2013) by The Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013 (S.I. 2013/675), arts. 1, 38(2)
C46S. 61(9) excluded (31.7.2013) by The East Northamptonshire Resource Management Facility Order 2013 (S.I. 2013/1752), arts. 1, 6(2)
C47S. 61(9) excluded (15.8.2013) by The North Blyth Biomass Power Station Order 2013 (S.I. 2013/1873), arts. 1, 8(2) (with art. 30)
C48S. 61(9) excluded (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 31(2)(a)
C49S. 61(9) excluded (22.8.2013) by The Leeds Railway Station (Southern Entrance) Order 2013 (S.I. 2013/1933), arts. 1, 40(2)(a)
C50S. 61(9) excluded (6.11.2013) by The Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013 (S.I. 2013/2587), arts. 1, 46(2)(a) (with arts. 42, 43)
C51S. 61(9) excluded (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 33(2)
C52S. 61(9) excluded (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 30(2) (with arts. 27(2), 39, Sch. 10 para. 4)
C53S. 61(9) excluded (9.1.2014) by The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013 (S.I. 2013/3244), arts. 1, 63(2)(a) (with arts. 57, 58, Sch. 11 para. 19)
C54S. 61(9) excluded (9.1.2014) by The National Grid (King’s Lynn B Power Station Connection) Order 2013 (S.I. 2013/3200), arts. 1, 15(2)
C55S. 61(9) excluded (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), arts. 1, 25(2)(a) (with art. 25(3))
C56S. 61(9) excluded (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 37(2) (with art. 34(2))
C57S. 61(9) excluded (7.5.2014) by The National Grid (North London Reinforcement Project) Order 2014 (S.I. 2014/1052), arts. 1, 40(2)
C58S. 61(9) excluded (7.7.2014) by The East Anglia ONE Offshore Wind Farm Order 2014 (S.I. 2014/1599), arts. 1, 7(2) (with arts. 37, 38, Sch. 9 para. 19)
C59S. 61(9) excluded (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), arts. 1, 14(2) (with arts. 12, 13, Sch. 12)
C60S. 61(9) excluded (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 28(2)(a) (with arts. 28(3), 31(2))
C61S. 61(9) excluded (18.9.2014) by The A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014 (S.I. 2014/2269), arts. 1, 32(2)
S. 61(9) excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), arts. 1, 7(2)
C62S. 61(9) excluded (2.10.2014) by The North Killingholme (Generating Station) Order 2014 (S.I. 2014/2434), arts. 1, 8(2) (with art. 13, Sch. 8)
C63S. 61(9) excluded (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), arts. 1, 9(3) (with art. 33)
C64S. 61(9) applied (21.10.2014) by The Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014 (S.I. 2014/2637), arts. 1, 36(2)
C65S. 61(9) excluded (23.10.2014) by The South Hook Combined Heat and Power Plant Order 2014 (S.I. 2014/2846), arts. 1, 8(2)
C66S. 61(9) excluded (29.10.2014) by The Able Marine Energy Park Development Consent Order 2014 (S.I. 2014/2935), art. 51(2) (with arts. 30(4), 53)
C67S. 61(9) excluded (28.11.2014) by The Walney Extension Offshore Wind Farm Order 2014 (S.I. 2014/2950), arts. 1, 8(2) (with arts. 38, 39)
C68S. 61(9) excluded (15.12.2014) by The London Underground (Northern Line Extension) Order 2014 (S.I. 2014/3102), arts. 1, 43(2)(a) (with art. 43(3), Sch. 8 para. 45)
C69S. 61(9) excluded (31.12.2014) by The Hornsea One Offshore Wind Farm Order 2014 (S.I. 2014/3331), arts. 1, 31(2) (with arts. 37, 38)
C70S. 61(9) excluded (7.1.2015) by The Willington C Gas Pipeline Order 2014 (S.I. 2014/3328), arts. 1, 30(2)
C71S. 61(9) excluded (10.1.2015) by The Lerwick Harbour Revision Order 2015 (S.S.I. 2015/4), arts. 1(1), 18(2) (with arts. 22-24)
C72S. 61(9) excluded (2.2.2015) by The Northumberland County Council (A1 – South East Northumberland Link Road (Morpeth Northern Bypass)) Development Consent Order 2015 (S.I. 2015/23), arts. 1, 8(2)
C73S. 61(9) excluded (25.2.2015) by The A160/A180 (Port of Immingham Improvement) Development Consent Order 2015 (S.I. 2015/129), arts. 1, 36(2)
C74S. 61(9) excluded (26.2.2015) by The Cornwall Council (A30 Temple to Higher Carblake Improvement) Order 2015 (S.I. 2015/147), arts. 1, 36(2)
C75S. 61(9) excluded (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 12(2) (with arts. 12(3), 40, 41, Sch. 12 Pt. 1 paras. 4, 9(2), 10, Sch. 12 Pt. 2 paras. 4(2)(3), 19, Sch. 12 Pt. 4 paras. 3, 4, 16)
C76S. 61(9) excluded (1.4.2015) by The Knottingley Power Plant Order 2015 (S.I. 2015/680), arts. 1, 9(2) (with Sch. 8 para. 10)
C77S. 61(9) excluded (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 34(2) (with art. 36(2))
C78S. 61(9) excluded (21.4.2015) by The Crossrail (Plumstead Sidings) Order 2015 (S.I. 2015/781), arts. 1, 17(2)(a) (with art. 17(3))
C79S. 61(9) excluded (9.6.2015) by The White Moss Landfill Order 2015 (S.I. 2015/1317), arts. 1, 18(2) (with art. 5)
C80S. 61(9) excluded (23.6.2015) by The Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T)) Order 2015 (S.I. 2015/1347), arts. 1, 39(2)
C81S. 61(9) excluded (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 8(2) (with arts. 51, 53)
C82S. 61(9) excluded (7.8.2015) by The Preesall Underground Gas Storage Facility Order 2015 (S.I. 2015/1561), arts. 1, 6(2) (with art. 44)
C83S. 61(9) excluded (14.8.2015) by The Progress Power (Gas Fired Power Station) Order 2015 (S.I. 2015/1570), arts. 1, 35(2)
C84S. 61(9) excluded (14.8.2015) by The Hirwaun Generating Station Order 2015 (S.I. 2015/1574), arts. 1, 34(2)
C85S. 61(9) excluded (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 13(2) (with arts. 13(3), 40, 41)
C86S. 61(9) excluded (19.11.2015) by The Ferrybridge Multifuel 2 Power Station Order 2015 (S.I. 2015/1832), arts. 1(2), 18(3)
C87S. 61(9) excluded (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), arts. 1, 36(2)(a)
C88S. 61(9) excluded (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), arts. 1, 8(2) (with art. 26)
C89S. 61(9) excluded (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 34(2) (with art. 34(3))
C90S. 61(9) excluded (2.2.2016) by The East Midlands Gateway Rail Freight Interchange and Highway Order 2016 (S.I. 2016/17), arts. 1, 36(2)
C91S. 61(9) excluded (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 38(2) (with art. 32)
C92S. 61(9) excluded (12.2.2016) by The Palm Paper Mill Generating Station Order 2016 (S.I. 2016/166), arts. 1, 8(2)
C93S. 61(9) excluded (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), arts. 1, 35(2) (with art. 37)
C94S. 61(9) excluded (E.W.) (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 10(2) (with art. 39)
Marginal Citations
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