Noise insulation regulations 1975 - discretionary aspects (PS 3/8)
Purpose of policy
East Sussex County Council (ESCC) recognises the vital role played by the local highway network. The purpose of this policy is to establish the criteria for implementing the discretionary powers to offer insulation work against increased traffic noise from altered highways and noise from highway construction work.
In carrying out this policy, ESCC will meet its statutory obligations and will also support the Council’s Priorities, Local Transport Plan and Highway Service Outcomes.
Policy statement
The discretionary powers to carry out insulation work conferred by The Noise Insulation Regulations 1975 (as amended in 1988) regulations 4 and 5 will be implemented in the case of highway schemes which fall within one or more of the following categories.
a) Altered roads where the intensity and type of traffic has increased or changed so much as to affect the character of the road.
b) Altered roads that lie between or join lengths of new road (the definition of a new road being a highway requiring planning permission before an improvement can be carried out).
c) Such other altered roads, constructed since 16 October 1969, which seriously affect an eligible building, and after seeking the opinion of the Business Services Department, Property Estates that the matter could not be more appropriately dealt with under some other provision of the Land Compensation Act 1973.
d) Schemes where the noise from construction work:
- is expected to seriously affect a building that is eligible for insulation from future traffic noise for a substantial period of time, and
- it is not practicable to control the level of noise by means of the provisions of the Control of Pollution Act 1974, and
- it is considered more practicable to provide this prior to construction, and
- is in accordance with the time periods in Table E.2. of BS 5228-1:2009+A1:2014 Code of practice for noise and vibration control on construction and open sites – Part 1: Noise
Supporting information
The Land Compensation Act imposes a duty or power on authorities to undertake or make a grant in respect of the cost of undertaking noise insulation work in or to eligible buildings. This is subject to meeting certain criteria given in The Noise Insulation Regulations. For 'new' roads there is a duty to provide insulation work, but for 'altered' roads, it is at the discretion (i.e. a power) of the highway authority. This duty or power only arises, however, in cases where the noise level requirements laid down in The Noise Insulation Regulations are satisfied.
The effect of the above criteria is that dwellings affected by routes which are being comprehensively improved can be treated uniformly, whether or not they lie on a length of highway that is deemed to be 'new' or 'altered'.
- Noise Insulation Regulations, 1975 (as amended)
- Noise Insulation (Amendment) Regulations 1988
- Land Compensation Act 1973
- Annex E of British Standard 5228-1:2009+A1:2014 Code of practice for noise and vibration control on construction and open sites – Part 1: Noise
Version control
- Highways and Transportation Committee - agenda item 9.5, 27 May 1980
- Lead Member for Transport and Environment - agenda item 5, 16 October 2017
Date of last review
April 2021