FOI Request -Moray Council Policy

Request 101000118056

Does the Moray Council have a policy on limits of construction dust, noise and vibration limits? If so, what is it?

Response 01-02-2013 

There is no specific policy or prescribed limits in place for noise, dust and vibration in relation to work carried out by the Environmental Health Section .

The Environmental Health Section has duties to investigate complaints of alleged statutory nuisance, covering such matters as noise, dust and vibration, as required by Section 79 of the Environmental Protection Act 1990.

Nuisance law does not define limits but instead a judgement has to be made on a case by case basis, accounting for factors such as whether there is an unreasonable interference with property or personal comfort ,duration ,intensity frequency, time of day, existing character of the locality and the sensitivity of complainant.

In relation to construction noise and vibration ,some advice on typical limits relevant to varying pre existing levels can be found within British Standard guidance BS 5228 2009 Parts 1 and 2 (Noise and Vibration respectively)

Mineral workings should give cognisance to planning advice on dust control contained within PAN 50 Annex B Control of Dust at Surface Mineral Workings

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