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Hi all,
Hoping this is the right part of the forum for such things?
For the 2nd time in 6 months I've awoken from deep sleep at stupid o'clock (0330) to the councils contractors hedge trimming (LOUDLY).
The lat time I complained, I was told it would not happen again.
Now, I live by a dual carriageway that is the main route in/out of our town so fully appreciate the need to keep the works out of rush hour due to resulting traffic chaos, but as the whole works seem to take approx 2 - 3 hours, surely it is reasonable to expect them to find a more appropriate time?
Is there any specific law I can rely on?
I wondered about Section 56 of the New Roads and Streetworks Act, which whilst it obvious applies to contractors, the council obviously requests this work to take place at certain times, which appears contrary to Section 9.2.3 regards noise abatement?
9.2.3 CONSTRAINTS
A section 56 direction is subject to four constraints:
• it cannot affect the right of an undertaker to execute emergency works;
• it can be used only where proposed street works are likely to cause serious
traffic disruption that would be avoided or reduced if the works were carried
out at other specific times;
• it can be used only where subsisting street works are causing, or are likely to
cause, serious traffic disruption that would be avoided or reduced if the
works were carried out at other specific times; and
• a direction requiring street works to be executed out of normal hours should
not be issued if it would cause the undertaker to breach noise abatement or
prevention legislation. The custodian of this legislation may be different from
the street authority. In two-tier authorities the District Council deals with
environmental health requirements whilst the County Council deals with traffic.
Where it has directed works to be carried out at night, it is the street authority’s
responsibility to reach agreement with Environmental Health Officers on any
resultant noise issues.
Cheers all
:tinysmile_grin_t:
Hoping this is the right part of the forum for such things?
For the 2nd time in 6 months I've awoken from deep sleep at stupid o'clock (0330) to the councils contractors hedge trimming (LOUDLY).
The lat time I complained, I was told it would not happen again.
Now, I live by a dual carriageway that is the main route in/out of our town so fully appreciate the need to keep the works out of rush hour due to resulting traffic chaos, but as the whole works seem to take approx 2 - 3 hours, surely it is reasonable to expect them to find a more appropriate time?
Is there any specific law I can rely on?
I wondered about Section 56 of the New Roads and Streetworks Act, which whilst it obvious applies to contractors, the council obviously requests this work to take place at certain times, which appears contrary to Section 9.2.3 regards noise abatement?
9.2.3 CONSTRAINTS
A section 56 direction is subject to four constraints:
• it cannot affect the right of an undertaker to execute emergency works;
• it can be used only where proposed street works are likely to cause serious
traffic disruption that would be avoided or reduced if the works were carried
out at other specific times;
• it can be used only where subsisting street works are causing, or are likely to
cause, serious traffic disruption that would be avoided or reduced if the
works were carried out at other specific times; and
• a direction requiring street works to be executed out of normal hours should
not be issued if it would cause the undertaker to breach noise abatement or
prevention legislation. The custodian of this legislation may be different from
the street authority. In two-tier authorities the District Council deals with
environmental health requirements whilst the County Council deals with traffic.
Where it has directed works to be carried out at night, it is the street authority’s
responsibility to reach agreement with Environmental Health Officers on any
resultant noise issues.
Cheers all
:tinysmile_grin_t:
