B6.4 Role of the Regulator
The principal enforcement authority is the Local Authority. They may issue an abatement notice or a Section 60 Notice.
Abatement Notices
If the Environmental Health Officer of the Local Authority considers that a statutory nuisance exists or is likely to occur (or re-occur) they may issue an Abatement Notice.
An Abatement Notice is a legal document that will stop an operation or impose restrictions upon it (such as the time of day or the frequency that the operation is permitted). They may also require action to be taken to restrict or remove the source of the nuisance.
If you do not comply with an Abatement Notice you may be prosecuted.
Section 60 Notice
Under the Control of Pollution Act 1974, there are specific provisions relating to noise from specific Construction activities.
The Local Authority may serve a Section 60 Notice that specifies the plant and machinery that may (or may not) be used, the working house and permitted noise levels.
Civil Law and Nuisance
If you create a nuisance you may also be sued under Civil Law by the person(s) who suffered personal or property damage as a result of the nuisance. You may have to pay compensation.
A nuisance may be caused by a structural defect of premises. In this situation, action may be taken against the owner of the premises (not the person responsible for the nuisance).
This is discussed in greater detail in Unit B1, within the Civil Law Section.