Control of Pollution Act 1974, Section 61 Prior Consent
The Control of Pollution Act 1974 (CoPA) provides the council with powers to manage and control noise and vibration arising from construction activities.
Under Section 61, contractors may apply for prior consent to agree working hours, noise limits and mitigation measures before work starts. This process establishes clear expectations for site operations and helps minimise impacts on nearby residents and other sensitive receptors.
What a Section 61 consent does
A Section 61 consent:
- provides a level of protection against enforcement action, such as Section 60 notices, provided works are carried out in accordance with the consent
- supports programme continuity where out-of-hours working is needed
- demonstrates that Best Practicable Means (BPM) are being used to minimise construction impacts
Standard working hours
- Monday to Friday: 8am to 6pm
- Saturday: 8am to 1pm
- No working on Sundays or bank holidays
Working outside standard hours
Work outside standard working hours will need prior approval, including:
- before 8am or after 6pm Monday to Friday
- before 8am or after 1pm on Saturdays
- any time on Sundays or bank holidays.
An application must be submitted for either:
- Section 61 prior consent
- Section 61 dispensation
supported by clear justification.
When to apply
Submit applications within the following timescales:
- new Section 61 application: at least 28 days before works start
- dispensation (short-term changes): at least 14 days in advance
- variation or extension: at least 7 days before the existing consent expires
The council has up to 28 days to determine an application.
For complex projects, early submission ideally 6 to 8 weeks in advance, is recommended.
Application requirements
Applications must demonstrate the use of Best Practicable Means (BPM). Incomplete submissions will not be processed.
Applications should include:
- method statements, including plant and sound power levels
- noise and vibration assessments in accordance with BS 5228
- proposed mitigation measures
- a community engagement plan, including notification at least 14 days before work starts
It is good practice to include copies of liaison materials and provide a named site contact for enquiries and complaints.
Compliance and enforcement
Working without consent, or failing to comply with conditions of consent, may result in enforcement action.
This may include:
- a Section 60 notice restricting working hours, plant or noise levels
- stop-work action and prosecution, which may result in unlimited fines
Major infrastructure projects
For works related to strategic infrastructure, do not use the standard submission route. Contact the project officer directly.
How to apply
Download the relevant form and submit the completed application, together with supporting documents, to the pollution technical team using the email address provided on the application form.
Early engagement with the pollution technical team is recommended.
Section 61 prior consent application form
Section 61 variation application form
Section 61 dispensation application form