What is a Section 61 Prior Consent Application?

A Section 61 Prior Consent is an agreement with the local authority regarding permitted demolition and construction noise levels. Having a section 61 consent in place means that a local authority may not issue a section 60 notice. Having section 61 consent in place also minimises the likelihood of the contractor’s work being stopped as demolition and construction noise levels and the associated monitoring regime has been agreed with the local authority prior to the commencement of works.

With regards to a Section 61 Prior Consent Application the Royal Borough of Kensington and Chelsea state the following within their Code of Construction Practice:

“Section 61 of the Control of Pollution Act 1974 allows developers and their building contractors to apply for ‘Prior Consent’ for noise generating activities during the construction phase of a development.

This proactive approach requires the assessment of the construction working methods that will be used to undertake the work and, for Category 1 sites, the prediction of likely construction noise levels at sensitive receptors. It is intended to manage the generation of construction noise using the ‘best practicable means’ available to complete the works.”

What information is required to complete a Section 61 Prior Consent Application?

The following is indicative of the information required to complete a Section 61 Prior Consent Application.

• Name and address of main contractor

• Particulars of works to be carried out

• Methods to be used at each stage of the development

• Dates and proposed hours of work

• Duration of works

• Site location plan (redline boundary)

• Site layout plan

• Construction programme

• S61 Consent application start and finish dates

• Expected start and finish date of the whole project

• Project office for correspondence and site office postal address - telephone

• Project office for correspondence and site office postal address - email

What other documentation is required to support a Section 61 Prior Consent Application?

The preparation of a Construction Noise Assessment will also be required to support a Section 61 Prior Consent Application. This Construction Noise Assessment will detail predicted noise levels and the proposed noise monitoring regime, further information regarding the Construction Noise Assessment can be found here.

We are experienced in the preparation of both Section 61 Prior Consent Applications and Construction Noise Assessments so please feel free to contact us if you would like to talk about your project and how we may be able to assist you.