CoPA Section 61 prior consent
Apply for prior consent, noise from construction sites
The Control of Pollution Act 1974 (CoPA) gives the Council powers to control noise and vibration from construction sites and other works. Section 61 allows contractors to apply for Prior Consent and agree working hours, site noise levels and other measures prior to work starting. Where Section 61 prior consent has not been agreed, Section 60 allows the Council to serve a notice of its requirements for the control of site noise at any point during the works.
In all cases the notice can:
- specify the plant or machinery that is or is not to be used
- specify the hours during which the construction work can be carried out
- specify the level of noise and vibration that can be emitted from the site during specified hours
- allow for any change of circumstances
When to apply
Please complete a CoPA Section 61 application form at least 28 days before works start if you plan to carry out noisy construction works outside of normal working hours. This will allow us to consider whether works are acceptable or not with respect to protecting any nearby residents or other noise sensitive stakeholders who could be impacted by noise and vibration.
Normal working hours are:
- Monday to Friday, 8am to 6pm
- Saturday, 8am to 1pm
Sundays and bank holidays are considered outside normal working hours.
Requirements for CoCP Sites
All CoCP Level 1 and 2 Sites must apply for Section 61 Consent at least 28 days before work commences.
CoCP sites must also submit a risk assessment using the London Good Practice Guide: Noise & Vibration Control for Demolition and Construction assessment (London Authorities Noise Action Forum - LANAF).
Applicants are encouraged to make a draft application where possible up to 3 months before work starts.
How to apply
Please fill out the the Section 61 prior consent form:
and submit the application to: [email protected]
We will consider applications within 28 days of receipt in accordance with the Act.
For Street works planned for 3 days or less please use the Out of Hours (OOH) Working approval process.
Variations and Dispensations
To extend an existing Section 61 consent please use the variation form.
To apply for a short term change to working hours or activities please use the dispensation form.
Section 60 - basements
Basement developments which fall under Westminster’s CoCP are not generally required to make an application under Section 61.
However, from 2 January 2018 the council serves Section 60 Notices on all CoCP basement developments. These notices reflect the standard CoCP requirements, for example in normal working hours. Any additional conditions will always be discussed with the principal contractor.