The Highways Noise Payments (Movable Homes) (Wales) Regulations 2001

Power to make noise payments

3.—(1) Subject to an in accordance with the provisions of these Regulations, where, in relation to an eligible home, the use of a relevant highway causes or is expected to cause noise at a level not less than the specified level the authority may make a payment under this paragraph of this regulation.

(2) For the purpose of paragraph (1) of this regulation the use of a relevant highway causes or is expected to cause noise at a level not less than the specified level if —

(a) the relevant noise level is greater by at least 1 dB(A) than the prevailing noise level, and

(b) noise caused or expected to be caused by traffic using or expected to use that highway makes an effective contribution to the relevant noise level of at least 1 dB(A).

(3) Subject to an in accordance with these Regulations, where at any time after the commencement date, works for the construction or alteration of a highway cause noise at a level which, in the opinion of the authority, has, over a continuous period of not less than 6 months, had a seriously adverse effect on the enjoyment of an eligible home, the authority may make a payment under this paragraph of this regulation.

(4) Where a highway becomes a highway maintainable at the public expense within the meaning of section 329(1) of the Highways Act 1980(1) within three years after the relevant date, the highway authority for the highway may make a payment under paragraphs (1) or (3) of this regulation in relation to an eligible home if a power to do so would have arisen had the highway been a highway maintainable at the public expense on the relevant date and had the construction or alteration of the highway been carried out by that highway authority.

(5) A payment under this regulation is referred to in these Regulations as a “noise payment”.

(1)

1980 c. 66.