View - North East Lincolnshire Council

BOC Immingham Dissolved Acetylene Project Environmental Statement: Vol. 2 Main Text
Environmental Protection Act (EPA) 1990 (as amended by the Noise and
Statutory Nuisance Act 1993)
11.9 The EPA 1990 provides local authorities with the powers to enforce action to prevent or to secure
the abatement of any noise which either constitutes or is likely to cause a statutory nuisance. The
act defines what a statutory nuisance is, and, where the occurrence or recurrence of such a
nuisance has been established, the local authority can serve an abatement order on the
appropriate person or persons.
Control of Pollution Act (COPA), 1974
11.10 Section 60 of COPA 1974 gives local authorities the power to serve a notice imposing
requirements which dictate the way in which construction works are to be carried out. BS 5228
provides guidance to enable compliance with Section 60 and is applicable throughout the UK.
11.11 Under Section 61 of COPA, the person intending to carry out works may apply in advance to
agree the methods and timetabling of the works to be carried out.
Consultation
11.12 NELC’s EHO was contacted 85 to discuss the results of the noise survey, potential operational and
construction noise impacts, piling noise impacts, the appropriate assessment methodology and
suitable rating noise limits targets for the site.
Other Data Sources
11.13 The assessment is based on the data and information presented in the Project Description for the
development (Chapter 3). Road traffic data have been obtained from the transport assessment
(Chapter 12). Baseline noise levels in the area were obtained through baseline noise surveys
detailed later in this Section. All other data sources are discussed as and when relevant in the
subsequent Sections of this Chapter.
Assessment Methodology
Construction Activities
11.14 The construction noise and vibration impacts at residential receptors associated with on site
activities from the proposed development have been assessed in accordance with the guidelines
given in BS 5228:2009 Code of Practice for Noise and Vibration Control on Construction and
Open Sites, Part 1 Noise and Part 2 Vibration. This method was also used to provide the relevant
information to the ecology specialist for assessment of the impacts on ecological receptors.
11.15 Part 1 of BS 5228 provides guidance on the methods that can be used to predict and measure
noise from construction activities and how to assess the impact on those exposed to it. In
particular Annex F sets out the methods of estimating noise from construction sites which take into
account distance, ground effects, reflections from surfaces, and screening by obstacles. Annex E
gives guidance on the significance of noise effects from construction works. It advises that the
predicted noise levels are added to the existing ambient levels and then assessed in terms of the
increase to the existing ambient levels. At sites where ambient noise levels are high, the increase
in noise levels due to the construction works is generally deemed to be significant if it is greater
than 3 dBA. BS 5228 advises that noise with impulsive or tonal characteristics may be more
disturbing than continuous noise of the same level, therefore a difference of 0 dBA may cause
disturbance. Annexes C and D of Part 1 of the Code of Practice provide generic source noise data
for various items of plant used on open sites which can be used in the absence of measured data.
5100935.404 Environmental Statement August 2011 189