Noise pollution from building site next door

Noise restrictions for construction sites is in the planning consent under section 61 and any noise pollution is dealt with under the Environmental Protection Act. There is plenty of information about it on this website:
http://www.cityoflondon.gov.uk/Corporation/LGNL_Services/Environment_and_planning/Pollution/noise.htm

Kevin,

I went through all the hoops, and it took so long that I thought the only option I had was an injunction. By the time the planning department, and all the other officials had run their course it would have been Christmas. The highways department took 10 days just to come and have a look at contractors vans parked all the way down the street, to the extent that it was impossible for me to enter or exit my drive with my trailer.

My solicitor advised that an injunction could be in place within a couple of days. The mere threat of it galvanised the contractors thinking and altered their behavior, and it was instant.

Restrictions to the operating hours are often set out as planning conditions and are normally working hours to prevent noise disturbance when most are at home. You can check the planning consent details with your local authority (some have good online access to this)

I'm not sure the HSE have any remit over this as their concern is the activities on the site itself, but the Local authority Environmental Health oficers should be able to advise about the noise disturbance and effect any enfordcement necessary.

Also, how close is the site/works to your property - is a party wall notice required? There's a good guide here: http://www.communities.gov.uk/publications/planningandbuilding/partywall

Every contractor has a duty of care, and if a contractor steps over the boundary of what is considered reasonable then he can be stopped, if the work next door is having an impact on your operation and or building then the contractor has to take reasonable steps to prevent this disturbance.
In the first instance I would advise the planning departmentt of the problem and also advise the contractor that you are seeking advise on his work, if he has any sense he will review the way he is operating, otherwise it could be a costly exercise for him if the works are stopped.
There is of course an injunction to stop the works, this may be the only course of action you can take if the planning department and local authority does not step in to assist. My advice is to contact the local autority and the HSE and make a formal complaint, making sure you copy the contractor into the corresondence, thats if they do not change the way they are working.

Beware. The contractors are often given hours in which noisy work can take place, i.e 8.30-5.00 and sat mornings, but this can be an 'informative' and not a specification.

I had a similar problem behind my house while a school was being built and only mitigated the noise by threatening to take out an injunction on the contractors.

@ Will

Local authorities generally have a timetable of when works can take place and as Kevin says your own building should be checked for cracks etc and the clay drains.

Barry L

Your FM should also be alert to the possibility of consequential damage to your own building if the vibration is enough to cause furnitue to shake. Other than that it may be possible to negotiate with the developer to get noisy or disruptive work done outside normal working hours. The business should have an expectation of 'quiet enjoyment' of its facilities. The developer's business interests should not eclipse your own.

The local council can be contacted for advice. If the nuisance of noise or smell etc is part of the employer's activities than he can/should do something about it if is an issue. The employer can't be expected to control what is beyond their gift but can raise an environmental concern like this if it emantes from another party. The contact point is the local authorities.

Slap bang next door to our offices developers are beginning the process of building flats on an old industrial site. They are breaking the old concrete floor and the noise level is extreme in our main office. It is actually shaking tables that people are working at. H&S seem to be dragging their feet despite numerous complaints from staff members, probably to delay until the noise has finished so that nothing then needs to be done. I have read the relevant HSE leaflet but it seems to deal primarily with noise created within a business by that business and not noise created off-site by a third party as in this case. What are the employers duties here and what are the staff rights?