Section 61 Consent: A Guide for Contractors and Developers

What is a Section 61 Consent, and why should a contractor or developer consider applying for it? 

A Section 61 consent, under the Control of Pollution Act 1974, is often applied when a contractor or a developer is to carry out construction works that are likely to have a significant impact on the local community due to the generation of noise and vibration on site.  

The consent is obtained by applying to the local authority before commencing the works and typically involves outlining the planned works, working hours, a plan of how potential noise and vibration will be minimised through the adoption of Best Practicable Means (BPM), and often includes noise and vibration predictions of the works and noise and vibration monitoring proposals.  

There are several reasons why a contractor or developer should consider applying for a Section 61 consent. It demonstrates a proactive approach to environmental management, helps avoid a Section 60 abatement notice, and can improve stakeholder relations by showing consideration for the local community.  

From the date of submission of a Section 61 application, the local authority has 28 days to either grant or refuse consent. The duration of a Section 61 consent is typically 6 months, but local authorities have the power to limit the duration of the consent when granting it. They can also grant consent with conditions attached to reduce the environmental impact and protect the community. 

While works can be undertaken without obtaining a Section 61 consent, it leaves a risk that the local authority could serve a Section 60 notice requiring work to be stopped which can lead to project delays. 

For further information on the Section 61 application process, noise and vibration prediction or monitoring, or to discuss applying for consent, please feel free to reach out.