What is Section 61?
Section 61 of the Control of Pollution Act 1974 gives a contractor a route to obtain prior consent from the local authority for the noise and vibration generated by a construction site. It is the proactive twin of Section 60, which is a notice the local authority can serve once works are underway.
Section 60 vs Section 61
- Section 60 is a notice imposed on the contractor by the local authority. It dictates working hours, noise limits, plant types and methods. Breaching it is a criminal offence. The contractor has little input.
- Section 61 is an application made by the contractor in advance. The contractor proposes the working hours, plant, methods and limits, supported by a Best Practicable Means narrative. Once granted, the contractor has legal certainty for the duration of the works.
For any project where construction noise is likely to attract attention — residential proximity, extended hours, town-centre demolition — Section 61 can be the safer route.
The application process
A Section 61 application must be made before works begin. The local authority has 28 days to decide; without a decision in that window the application is deemed refused. Most London boroughs and large urban authorities have published Section 61 policies setting out their specific requirements. Camden, Westminster, Tower Hamlets, Southwark and the City of London all have detailed guidance.
A complete application typically includes:
- Project description and programme;
- Plant inventory with noise data (sound power levels per BS 5228-1 Annex C);
- Identification of noise-sensitive locations within the influence radius;
- Predictive noise modelling for each location;
- Proposed working hours and noise limits at each receptor;
- Monitoring proposal, including frequency, locations, and escalation procedure;
- Best Practicable Means narrative.
The ABC Method
BS 5228-1:2009+A1:2014 Annex E.3, often called the “ABC Method”, is the most widely used assessment framework. It compares predicted construction noise against three threshold categories that depend on the ambient noise level at the receptor:
| Category | Daytime threshold (LAeq, 1 hour) | Typical setting |
|---|---|---|
| A | 65 dB(A) | Quiet residential, low background |
| B | 70 dB(A) | Average urban background |
| C | 75 dB(A) | Noisy locations, near major roads |
The category is selected based on the existing LA90 background level at the receptor. A predicted construction noise level above the threshold for the applicable category constitutes a significant adverse impact and requires specific mitigation in the BPM narrative.
Best Practicable Means
Best Practicable Means (BPM) is a statutory concept embedded in CoPA 1974. The contractor must demonstrate that:
- the quietest reasonably available plant has been specified;
- working methods have been selected to minimise noise (for example, silenced generators, rotary drilling rather than percussive where ground conditions allow);
- screening and acoustic enclosures are used where practicable;
- working hours respect noise-sensitive periods.
A Section 61 application without a credible BPM narrative is unlikely to be granted.
What happens if you breach a Section 61 consent
Working outside the consent terms is a criminal offence prosecutable in the Magistrates’ Court. Fines have been unlimited since 2015 and individual exceedances each constitute a separate offence. A contractor running plant outside permitted hours for a week can accumulate substantial liability.
In practice the more common consequence is reputational and commercial: project delay while an emergency variation is sought, breakdown of relationship with the local authority for the remainder of the works, and escalating complaint volumes from residents.
When do you need one?
The trigger is local-authority policy or planning condition rather than project size. A Section 61 application is normally required for:
- demolition in town centres or residential areas;
- any project requiring extended hours (Saturday afternoons, evenings, Sundays, nights);
- piling works close to residential receptors;
- infrastructure works on or near transport corridors;
- any project where the planning permission imposes a CoPA 1974 condition.
If you are uncertain, a 30-minute call with the local authority’s Environmental Health team will resolve it.
How ACT Acoustics can help
We provide the full acoustic workstream for a Section 61 submission: pre-commencement baseline survey, BS 5228 predictive modelling, ABC Method assessment, BPM narrative, application drafting, and real-time monitoring once works commence.
See our Section 61 construction noise service page for details, or get in touch for a quote.