Pollution control - information and advice

     

Pollution control - construction sites

The authority monitors construction activities to minimise pollution caused by noise, dust and other nuisances.Construction sites are often near existing residential accommodation. Construction or demolition activities will by nature generate, noise, dust or vibration.

What can you do?

Speakto the construction company directly and raise your concerns with them. They may be able to advise you when the work will be finished, or take steps to minimise their impact on you.

What is the legal position?

Companies are required totake reasonable steps to control their impact considering the technology available and the costs involved. This is called using the best practicable means (BPM). This may include for example,

• limiting hours of operation
• using quieter pieces of machinery
• using water to damp down dust

The law recognises that construction must take place and by nature may cause local problems. The Council therefore has limited powers to help.

What can the Council do?

Environmental Protection officers can speak to the company carrying out the works and give advice on controlling their impact on the community.We do not have legal powers to stop construction-taking place if the company is taking reasonable steps or BPM to minimise its impact.The Council gives guidelines for minimilising impact of construction noise. For long term, or large-scale demolition or construction projects, companies may apply to the council for a prior consent, which will include noise controls. This is not compulsory.

If the company fails to comply with these controls the Council can take legal action.

In most cases the Following hours are acceptable for noisy work that can be heard outside of the construction site, in the street or neighbouring properties.

• 0800 – 1800hrs
• 0800 – 1300hrs
• No working Sunday and Banks Holidays

Can the Council help if I am concerned about property damage?

No - the Council can only help where the activity is causing a statutory nuisance to you. For example, because of the dust. If you are concerned about property damage, for example, vibration causing cracks in the ceiling, speak to the company directly first. Alternatively contact a solicitor to give advice on taking action for a private claim and possible compensation.

I work nights and the noise is stopping me sleeping. Can the Council stop the construction work?

No - the Council can only ask the company to work during reasonable daytime hours. Again speak to the company directly to see if they can help you.If you need further advice on please speak to Environmental Health.

 

Emergency Works

If the works being carried out are of an emergency nature then it unlikely that the Council will be able to take action. The law recognise that such vital works need to take place and acknowledges that residents may be adversely affected.

For further information please contact us on

Environmental Health
Shepway District Council
Civic Centre
Castle Hill Avenue
Folkestone CT20 2QY

01303 858660

01303 853294

Environmental Health General Enquiries