The Scottish Government

Circular 10/1999

The Chief Executive Local Authorities
Our ref: PGC/8/8

Copy to: The Director of Planning
9 April 1999

This Circular supersedes SDD Circular 23/1973

Dear Sir/Madam

PLANNING AND NOISE

INTRODUCTION

1. This Circular sets out Government policy on the role of the planning system in controlling noise. It is accompanied by Planning Advice Note 56: Planning and Noise. The PAN sets out advice and best practice on the range of issues of which planning authorities should be aware in formulating development plans, making decisions on planning applications and in taking enforcement action to maintain and enhance environmental quality. This Circular has effect from 1 May 1999, superseding Circular 23/1973 Planning and Noise and the accompanying memorandum 24/1973.

GENERAL PRINCIPLES

2. Noise can have a significant effect on the environment and on the quality of life enjoyed by individuals and communities. The control of noise is achieved primarily through environmental protection legislation. The major legislative instruments are Part lll of the Environmental Protection Act 1990, which requires local authorities to serve abatement notices where the noise emitted from any premises constitutes a "statutory nuisance"; and Part lll of the Control of Pollution Act 1974, which gives local authorities powers to control noise from construction sites, and also introduced the concept of the Noise Abatement Zone (NAZ). Implementation of this legislation usually falls to the Environmental Health Department of a local authority. Further information on these and other noise control regimes is contained in Annex 4 to PAN 56.

3. The bodies and authorities responsible for offering advice or for implementing these controls (usually the local authority Environmental Health Department) will often have expertise and experience which planning authorities may find helpful in assessing development proposals. In some cases it will be important for planning authorities to liaise with the relevant body because some part of the activity for which planning permission has been sought may be subject to another more appropriate means of control or licensing condition. The planning permission should not seek to duplicate such controls.

4. It is not the purpose of the planning system to intervene in existing noise problems arising from lawful land use activity. However, the planning system has a role to play in preventing and minimising the impact of noise through its influence over the location and design of new developments. It should aim to do this without placing unreasonable restrictions on development or adding unduly to the costs and administrative burdens of business.

5. Land use planning has the task of guiding development to the most appropriate locations. Housing, hospitals, educational establishments, offices and some livestock farms should generally be regarded as noise-sensitive land uses. In general, the aim should be to separate noise-sensitive developments from major sources of noise. Accordingly new development which generates a high level of noise or involves noisy activities or processes should, where possible, be sited away from noise-sensitive land uses. Planning authorities should also consider whether proposals for new noise-sensitive development would be compatible with existing activities and land uses in an area. To assist authorities in their consideration of new housing developments against noise generated by different modes of transport, recommended standards are set out in Annex 1 to the PAN. These standards are set in relation to a range of Noise Exposure Categories which are explained in the PAN. Planning authorities are expected to have regard to these standards in reaching development control decisions.

6. Development necessary for the creation of jobs and the construction and improvement of essential infrastructure will often generate noise. However, acknowledging the economic dimension of sustainable development, planning authorities should ensure that the planning system does not place obstacles in the way of such development without good reason.

7. While it may be possible to mitigate the adverse effects of noise, noise-sensitive development will rarely be appropriate in areas which are already subject to unacceptably high levels of noise or are expected to become so. Some sites may be subject to night-time noise at a level that is little below the day-time level, for example because of night-time deliveries or shift changes. These sites deserve special attention and noise-sensitive development should be discouraged where high levels of noise will occur either intermittently or continuously during the night.

DEVELOPMENT PLANS

8. Development plans should give developers and local communities a degree of certainty about the particular types of development that will or will not be acceptable in particular areas. Local communities need to have confidence that their amenity will not be undermined by new development that generates high levels of noise. Thus, as far as noise is concerned, the main function of development plans, in particular local plans, is to ensure that new development which is sensitive to noise is not located close to noisy activities. Development plans should:

• guide noise-sensitive developments away from existing sources of significant noise or from programmed development such as new roads or areas reserved for noisy uses or activities; and
• ensure that potentially noisy developments are located in areas where noise will not be such an important consideration or where its impact can be contained or minimised.

9. Properly justified and clearly worded policies can do a great deal to reduce the risk of intrusion of noisy development on those sensitive uses or more expansive areas that are valued for their tranquillity. In addition, the possibility of controlling, removing or re-siting existing sources of noise should not be overlooked.

10. Noise is a complex issue requiring specialist knowledge and training. Accordingly, such policies should be formulated in close consultation with local authority Environmental Health Departments or other specialist advisers.

DEVELOPMENT CONTROL

11. Where relevant, noise should be acknowledged as a material consideration in the determination of planning applications. While development plans provide the policy framework within which noise issues can be considered, more detailed assessment of these issues will be required when individual applications for planning permission are considered. Where it is not possible or practicable to separate noisy and noise sensitive land uses, planning authorities should consider how the impact of noise can be reduced through the layout and design of plant, buildings and site engineering or by regulating the nature or timing of on-site activities.

12. Where appropriate, planning conditions should be attached to planning permissions which would reduce the adverse impact of noise, and enable development to proceed where it would otherwise be necessary to refuse planning permission. SODD Circular 4/1998 sets out Government policy and guidance on the use of conditions in planning permissions. The addendum to Circular 4/1998 contains some examples of model conditions on noise. Further advice on conditions related to noise is set out in Annex 3 to the PAN. Again, Environmental Health Departments should be consulted in the preparation of conditions relating to noise.

13. Where a proposed development is likely to generate a significant amount of noise or have a significant impact on noise-sensitive development planning authorities should require developers to prepare a Noise Impact Assessment. Such assessments should demonstrate whether a noise problem is likely to occur, the nature and implications of the problem and identify measures for its control or mitigation. Paragraph 14 of the PAN contains further advice on this matter.

14. Planning authorities should try to avoid the possible consequences of noise-sensitive development encroaching on the operation of established businesses, or other land uses, which generate significant levels of noise.

MONITORING AND ENFORCEMENT

15. Where conditions have been set to limit noise these should be monitored on a regular basis. Once again, planning authorities should liaise with Environmental Health Departments in monitoring compliance with noise conditions and in establishing the need to take enforcement action.

SPECIAL CONSIDERATIONS

16. Many of Scotland's rural areas possess an environmental quality from which people derive a range of benefits. Such areas, and the flora and fauna within them, may be sensitive to any form of intrusive human activity, and planning authorities should take great care to safeguard them from the adverse effects of noise. The effect of noise on the enjoyment and conservation of areas designated for their landscape and wildlife value should therefore be taken into account.

FURTHER COPIES AND ENQUIRIES

17. Enquiries about this Circular should be addressed to John Gunstone, Scottish Office Development Department, Planning Division, 2-H, Victoria Quay, Edinburgh, EH6 6QQ (telephone 0131 244 7710). Further copies and a list of planning Circulars may be obtained from David Love (0131 244 7066) at the same address.

Yours faithfully

M T AFFOLTER