Section 61 agreements: Why every plan should have one in place

Noise pollution is a nuisance that can have seriously detrimental effects on construction in urban environments. But one form of protection often overlooked by developers is a commitment to legislative compliance in the form of a Section 61 agreement.

Here, Dusan Durdevic from Urban Thinking explores the agreements deeper and discusses why every planning application should have one in place.

The problem of noise pollution

Noise pollution can cause extensive delays or even shutdowns on construction projects. That is incredibly frustrating considering the time critical nature of projects in urban environments.

Crucially, noise pollution can lead to numerous physical and mental health effects on those living in the vicinity of construction work. The public are growing increasingly concerned over the dangers as our town and cities get louder and louder.

Failing to take responsibilities of combatting noise, dust and vibration seriously can seriously harm a business’ bottom line and public perception over time. It is something we have seen firsthand and why we always encourage our clients to apply for a Section 61 agreement.

The importance of a Section 61 agreement

As discussed, operating without a Section 61 agreement in place opens up your business to real risks.

The agreements protect your business form legal action being taken under both Section 60 of the Control of Pollution Act 1974 and Section 80 of the Environmental Protection Act 1990.

Section 60 notices can be particularly problematic given they can halt any on-site activities until the local authority is satisfied effective mitigation efforts have been made. Those stoppages cost you not only time and money, but the positive relations you have built between contractors and stakeholders.

The repercussions are not always so extreme, but even restrictions on the use of certain pieces of machinery or working hours can have a serious impact on timescales and budgets.

Preventing negative impacts to your time, money and relations are therefore imperative. Having a Section 61 agreement in place not only protects your business but presents yourself to the public as a responsible contractor keen to ensure legislative compliance.

What does a successful Section 61 agreement application look like?

Your application should leave no stone unturned and include all the details of your work and the methods you will use to complete it.

It should also include an extensive noise, dust and vibration monitoring and mitigation plan which identifies their sources and who will be most affected by them. That could include schools, offices and homes in the immediate vicinity.

Once those details have been outlined can you detail the steps you will take to mitigate the problems. Popular options include the installation of acoustic barriers or putting noise monitoring systems in place.

Remember – an application must be made within 28 days of your intention to start work on a project. Applications received once work has begun face immediate rejection.

Need support with your application?

Urban Thinking has supported developers and contractors across the UK make successful Section 61 agreement applications.

We have worked with clients across numerous sectors – from construction to rail – and taken ownership throughout the entire application process, including creating the templates for submissions, liaising with local authorities and advising on any queries and issues that might arise.

Our noise modelling and mapping services act as detailed, strategic tools to help bolster any application – alongside the noise and dust monitoring support services we offer throughout the duration of your works.

Contact the team today to learn how we can support you.