Noise from construction sites

Serious implications for building contractors operating in built-up areas are likely following the first reported Appeal Court decision dealing with the specialised controls on noise from construction sites in Part III of the Control of Pollution Act 1974. The Court held that the use of these controls by a local authority cannot inhibit a person directly affected by the noise seeking a more onerous injunction under a common law action for nuisance, and its reasoning also suggests a tougher approach by the courts to construction noise than hitherto.

In Lloyds Bank v Guardian Assurance plc and Trollope & Colls Ltd ((1987) 35 Building Law Reports 34), construction work was being carried out next door to the plaintiff's bank. After three weeks of noise, the plaintiffs, "who are carrying out a responsible business, much of which requires close concentration and peace and quiet", applied to the High Court for an interlocutory injunction to restrain the alleged common law nuisance. <

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