Section 61 consents and section 60 notices explained
Section 60 lets a council dictate how your works are carried out. Section 61 lets the contractor agree the method first. Here is what to submit and how it sits with planning conditions.
A section 61 consent construction noise application is a voluntary step with a defensive purpose. Under the Control of Pollution Act 1974, a council can serve a notice under section 60 telling you how to carry out your works, at any point, with 21 days to appeal and no negotiation beforehand. Section 61 lets the contractor get in first, apply for prior consent to a stated method and set of hours, and remove the risk of a notice landing mid programme. On a constrained urban site with piling and demolition, that certainty is usually worth the effort of applying.
Both sections sit with environmental health rather than the planning department, and neither replaces a planning condition on working hours. Three regimes, one site.
What a section 60 notice can require
Section 60 applies where works are being carried out or are about to be, and it lets the local authority serve a notice imposing requirements on how the works are done. A notice can specify the plant and machinery that may or may not be used, the hours during which the works may be carried out, the level of noise that may be emitted from the site or at specified points, and the steps to be taken to minimise noise.
The notice takes effect when served. There is a right of appeal to the magistrates' court within 21 days, and the grounds are set out in regulations, but the practical problem is timing: a notice served during demolition can stop a programme while an appeal is heard.
Councils do not serve notices arbitrarily. In most cases a notice follows complaints that the site failed to deal with, or works starting without any prior engagement. Which is the real argument for section 61: the authority is far less likely to reach for a notice against a contractor it has already agreed a method with.
Why contractors apply for prior consent instead
Prior consent under section 61 flips the sequence. The contractor applies before the relevant works begin, setting out what will be done and how, and the authority either consents, consents with conditions, or refuses.
Three benefits follow. The authority cannot then serve a section 60 notice in respect of the works covered by the consent, so the programme risk is removed for those operations. The consent is strong evidence that the contractor is using best practicable means, which is the statutory test in section 72 of the Act. And the process itself surfaces the council's expectations on hours, monitoring and complaint handling before the site is mobilised rather than after the first complaint.
Be clear about what a consent does not do. It does not authorise a nuisance, and it is not by itself a complete answer to an action by an individual resident about statutory nuisance, which is a point worth understanding alongside statutory nuisance and planning. Nor does it override a planning condition restricting hours.
What a section 61 application has to contain
The Act requires particulars of the works and the method by which they will be carried out, and the steps proposed to minimise noise from them. In practice authorities expect a document that reads like a noise management plan.
| Content | What a good submission includes |
|---|---|
| The works and programme | Each phase, its duration in weeks, and the plant used in each |
| Predicted noise levels | Calculations at identified receptors following BS 5228-1, with the assumptions stated |
| Vibration where relevant | Predictions for piling, breaking and compaction, as covered in a construction vibration assessment |
| Hours | The hours sought for each activity, distinguishing general works from the noisiest operations |
| Mitigation | Plant selection, hoarding height and surface mass, screening, plant positions, quieter methods |
| Monitoring | Fixed positions, trigger levels, response procedure and reporting frequency |
| Complaints | A named contact, a telephone number displayed on site, a log and a response time |
Submit it as a single document with the calculations in an appendix. Applications get delayed because an environmental health officer cannot find the predicted level at the nearest receptor, and a summary table at the front fixes that.
Consents can be phased. On a long programme it is common to apply for demolition and substructure first, then a second consent for the superstructure once the method is fixed, which avoids committing to details that will change.
The 28 days, and what happens if nothing comes back
The authority has 28 days to consider an application. If it consents, the consent may be given subject to conditions, and it may specify how long it lasts. If it does not give consent within that period, the applicant has a right of appeal to the magistrates' court.
That right is rarely exercised, because 28 days is short and most authorities respond. The more common outcome is a request for further information, which resets the practical timetable even though it does not extend the statutory period, so build float into the programme and submit at least six to eight weeks before the works start.
One point that is easy to miss: conditions attached to a consent are enforceable, and a condition setting a noise limit at a facade is a hard obligation the contractor has to meet with the plant actually on site. Read the draft conditions before the consent is issued and negotiate them then.
How this sits alongside planning conditions on hours
The two regimes can and do impose different hours on the same site, and neither displaces the other.
A planning condition restricting construction hours is enforced by the local planning authority under planning legislation, with the usual enforcement tools. A section 61 consent is granted by the environmental health function and deals with method and noise. Where a consent permits Saturday afternoon working and the planning condition does not, the planning condition still bites and working then is a breach.
The practical sequence on a site with tight hours is to get the planning position right first, through the Construction Management Plan and any condition discharge, and then apply under section 61 on the same hours. Where the programme needs an hours variation, apply to vary the planning condition under section 73 of the Town and Country Planning Act 1990 as well as seeking consent, and expect both to be assessed against the same amenity evidence.
Some authorities go further and require a section 61 consent by planning condition, particularly in central London boroughs. Read the decision notice, because that turns a voluntary step into a pre-commencement obligation with programme consequences.
Breaches, defences and prosecution
Contravening a section 60 notice, or a condition of a section 61 consent, is an offence. Prosecution is in the magistrates' court and the fine is not capped for most of these offences, which is a change from the older position where a maximum applied.
The defence that matters is best practicable means under section 72, which takes account of local circumstances, the current state of technical knowledge and the financial implications. It is a real defence and it is also why the paperwork matters: a contractor who can produce a consent, monitoring records, a complaints log and evidence that the specified mitigation was in place is in a very different position from one who cannot.
Keep the records contemporaneously. Monitoring data reconstructed after a prosecution starts carries little weight.
Programming the application into the works
Put the consent on the programme as a task with a duration, not as an assumption. A workable sequence looks like this.
- Agree the noise assessment and mitigation with the acoustician while the Noise Impact Assessment is being prepared for the planning application, so the two are consistent.
- Discharge any pre-commencement condition on the construction management plan, because the council will expect the two documents to say the same thing.
- Submit the section 61 application six to eight weeks before the first noisy operation, with the calculations appended.
- Respond to any request for information within a week, and ask to see draft conditions.
- Notify surrounding occupiers before works start, with dates for the noisiest phases.
- Start monitoring from day one, and report on the agreed frequency whether or not anything has been exceeded.
The last point does more good than anything else on the list. A council that receives weekly monitoring reports showing compliance rarely reaches for section 60.
This is general guidance, not legal advice. Check the position with the local authority's environmental health team, the local planning authority and a qualified acoustician before relying on it.
Enter your postcode on PlanScope to see which environmental and construction reports your scheme is likely to need.
PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval. For specialist technical reports, qualified professional input may be required.
Frequently asked questions
What is the difference between a section 60 notice and a section 61 consent?
A section 60 notice is served by the local authority to impose requirements on how works are carried out, with 21 days to appeal to the magistrates' court. A section 61 consent is applied for by the contractor before works start, agreeing the method, hours and mitigation in advance.
How long does a section 61 application take?
The authority has 28 days to consider it, and if no consent is given within that period the applicant may appeal to the magistrates' court. Requests for further information are common, so submit six to eight weeks before the first noisy operation and build float into the programme.
Does a section 61 consent override a planning condition on working hours?
No. The two regimes are separate and neither displaces the other, so a planning condition restricting hours still applies even if a consent permits wider working. Where the programme needs different hours, apply to vary the planning condition under section 73 as well as seeking the consent.
What must a section 61 application contain?
Particulars of the works, the method of carrying them out, and the steps proposed to minimise noise. In practice authorities expect phase by phase plant schedules, predicted levels at identified receptors following BS 5228-1, the hours sought, mitigation, monitoring arrangements and a complaints procedure.
What is the penalty for breaching a section 60 notice?
It is a criminal offence prosecuted in the magistrates' court, and the fine is not capped for most of these offences. The statutory defence is best practicable means under section 72, which is why contemporaneous monitoring records, a complaints log and evidence of installed mitigation matter.
Can a planning condition require a section 61 consent?
Yes, and some authorities do so, particularly in central London boroughs. That converts a voluntary application into a pre-commencement obligation, so read the decision notice carefully and allow time in the programme before any material operation begins on site.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.