Guidance on the Control of Odour and Noise from ... - Defra

overcrowded while work is carried on as to be dangerous or prejudicial to
health of those employed therein;
b) any trade, business, manufacture or process which is a nuisance, or which
causes any grit or dust (being solid particles of any kind, other than such
particles emitted from a chimney as an ingredient of smoke) or effluvia which
is a nuisance to, or injurious to the health of, any of the inhabitants of the
neighbourhood.
The Noise and Statutory Nuisance Act 1993 [13] amends Part III of the EPA but does
not affect the definition of statutory nuisance relating to noise and odour. One way in
which the Local Authority is able to prevent statutory nuisance occurring is via
conditions in planning permission. This is discussed below.
� The Town and Country Planning Act 1990 [14]
Town and Country Planning legislation requires new build commercial kitchens (as
well as most other new developments) to obtain planning permission. In addition,
premises will require planning permission for a change in use as defined under the
Town and Country Planning (Use Classes) Order and where significant structural
changes are to take place.
In relation to noise and odour, the local authority will consider whether sufficient
measures for their control are included in the design, and subsequently planning
permission may be granted with conditions. For commercial kitchens these are likely
to include measures to ensure that noise and odour are managed to avoid detriment
to the amenity.
� Planning Policy <strong>Guidance</strong> Notes 23 and 24
Planning Policy <strong>Guidance</strong> (PPG) notes are statements of policy aimed at assisting
and directing the planning system. PPG 23 (Planning and Pollution Control) [15] and
PPG 24 (Planning and Noise) [16] are of relevance to the control of noise and odour
via guidance on what a local authority should consider when making decisions on
planning applications.
In the case of PPG 23 “Material considerations may include: …the loss of amenity
which the pollution would cause…” and “…the possibility that nuisance might be
caused, for example, by the release of smoke, fumes, gases, dust, steam, smell or
noise…”.
In the case of PPG 24, paragraph 20 states that “Commercial developments such as
fast food restaurants, discos, night clubs and public houses pose particular
difficulties, not least because associated activities are often at their peak in the
evening and late at night. Local planning authorities may wish to bear in mind not
only the noise that is generated within the premises but also the attendant problems
of noise that may be made by customers in the vicinity...” This is however of less
relevance in terms of noise from ventilation systems. <strong>Guidance</strong> for the assessment of
noise from commercial/commercial premises includes reference to BS4142 [2] . This
will be relevant to kitchen extract noise.
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