Final Noise SPD - Royal Borough of Kensington and Chelsea Noise SPD for web.pdf · 2011. 3. 8. ·...

21 Introduction

32 Policy Context

53 General Requirements

64 Planning and Noise

75 Noise Sensitive Development

116 Noise Generating Development

127 Vibration

138 Clubs, Pubs, Bars and Places of Entertainment

159 Sound Insulation: Residential Dwellings

1610 Statutory Powers and Codes of Practice

1Final Noise SPD Adopted May 2009

Contents

1: Introduction1.1 This guide describes and details therequirements of The Royal Borough of Kensingtonand Chelsea (“the Planning Authority”) with regardto planning and noise. This SupplementaryPlanning Document (SPD) supports the UnitaryDevelopment Plan (UDP) policies and providesdetailed guidance on how to implement them. TheUDP is in the process of being replaced by theLocal Development Framework (LDF) which is aportfolio of documents. This SPD may be updatedto reflect the new policy framework once it isadopted, however much of the information providedin this guidance will remain relevant.

1.2 This guidance is particular to the RoyalBorough of Kensington and Chelsea and is notintended for generic use. Developers and theiragents should use this SPD to help identify theissues to be addressed in any application fordevelopment in which noise and/or vibration willbe a material consideration when assessing thatapplication.

1.3 The SPD sets out the criteria adopted toprotect occupiers of new or existing noise sensitivebuildings from existing or introduced noise sourcesand the residential amenity of the borough.

1.4 Section 5 addresses sound insulationbetween dwellings both for new build andconversions. It also addresses the important issue,in this borough, of proposals for sound insulationbetween commercial and entertainment uses andadjoining residential dwellings when either issubmitted as an application for change of use.

1.5 Section 8 of this SPD addresses noiseemanating from places of entertainment such aspubs, clubs and bars.

1.6 In order to assist the registration of planningapplications by the Planning Authority anapplication should contain a noise survey andreport to support the proposal. This will ensurequick registration of applications and will help toassist the Planning Authority and the Directorateof Environmental Health in assessing theapplication. Further information on the requirementsfor a noise survey is set out in Section 3.0 of thisSPD.

1.7 Officers of the Directorate of EnvironmentalHealth will be available to discuss and clarify thisGuidance in regard to specific proposeddevelopment.

Adopted May 2009 Final Noise SPD2

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2: Policy ContextLocal Government Policy

2.1 The Royal Borough of Kensington andChelsea is committed to the protection of residentialamenity from any development where noise isgenerated by the proposed use or activity where itwould cause material disturbance to occupiers ofsurrounding properties. The Planning Authority iskeen to ensure that such developments giveadequate protection from noise to surroundingproperties. Objective 1 of the Council’s StrategicEnvironmental Assessment/Sustainability Appraisalis to conserve and enhance the naturalenvironment and biodiversity. Objective 13 aimsto ensure that the housing needs of the RoyalBorough are met.The control of noise comes withinthe aims of these two objectives.

2.2 The control of noise is an importantconsideration when determining applications forplanning permission. In this regard, the UDP (soonto be replaced with the LDF) requires that anydevelopment deals effectively with the control ofnoise and vibration. This SPD supplements thefollowing policies relating to noise within the UDP:-

UDP Policy CD40 states:

“To resist proposals where the noise generated bythe use or activity would cause material disturbanceto occupiers of surrounding properties.”


"To ensure that residential developments includeadequate protection of the internal environmentfrom the effects of noise."


“To resist the installation of plant and equipment,where:-

a. they would cause material harm to theappearance of the building or the characterof the area, or

b. noise or vibration generated would causematerial disturbance or nuisance to occupiersof surrounding properties, or

c. odours would cause material disturbance ornuisance to occupiers of surroundingproperty.”

UDP Policy H2 states:

“To seek the development of land and buildings forresidential use unless:-

a. A satisfactory residential environment cannotbe reasonably achieved by reason ofexcessive noise, inappropriate location orground contamination; or

b. The land is required for the provision of socialor community facilities to meet local needs;or

c. The development is for the replacement onthe same site of existing commercialfloorspace which has not given rise toenvironmental or traffic problems.”

UDP Policy H4 states:

“To resist the encroachment into residential areasof commercial activities which would beinappropriate by virtue of size, scale, hours ofoperation, traffic generation or nature of use.”

Metropolitan Policy

2.3 The Mayor of London’s Ambient NoiseStrategy (1) sets out London wide policy aims forthe control of noise.

2.4 London Plan Policy 4A.20 seeks to reducenoise and enhance soundscapes:

“The Mayor will and boroughs in DPDs shouldreduce noise by:

minimising the existing and potential adverseimpacts of noise on, from, within, or in thevicinity of, development proposalsseparating new noise sensitive developmentfrom major noise sources whereverpracticablesupporting new technologies and improvedpractices to reduce noise at source, especiallyin road, rail and air transportreducing the impact of traffic noise throughhighway management and transport policies(see Chapter 3C)containing noise from late night entertainmentand other 24-hour activities, and whereappropriate promoting well-manageddesignated locations (see Chapter 3D)identifying areas of relative tranquillity, whichit is intended should be protected orenhanced.

1 http://www.london.gov.uk/mayor/strategies/noise/index.jsp


Policy Context

The Mayor will work with strategic partners toensure that the transport, spatial and designpolicies of this plan support the objectives, policiesand proposals set out in the London Ambient NoiseStrategy.

National Government Policy

2.5 Planning Policy Guidance Note 24: Planningand Noise is the current national guidance on theassessment of noise and vibration of development.The document refers to other documents whichshould also be taken into consideration whensubmitting proposals for development i.e:-

BS 8233: 1999 - Sound Insulation and NoiseReduction for Buildings – Code of Practice;used for the design of sound insulation ofbuilding facades.BS 6472:2008(revised): Evaluation of humanexposure to vibration in buildings (1Hz to80Hz); used for the design of structures tocontrol vibration in buildings.

PPG24 is under review and may be replaced withnew guidance in the near future.

2.6 National policies on noise derive to someextent from publications of the World HealthOrganisation. The latest being: ‘Guidelines forCommunity Noise 1999’.

2.7 The Environmental Noise (England)Regulations 2006 give effect to EU Directive2002/49/E, relating to the assessment andmanagement of environmental noise. TheEnvironmental Noise (England) Regulations 2006will assist in the formulation of a National AmbientNoise Strategy; work on this is currently under way.


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3: General Requirements3.1 Applications for residential and commercialdevelopments including places of entertainmentand all applications where external plant andequipment is proposed should be submitted witha noise survey and report prepared by a competentacoustician who shall be a member of the Instituteof Acoustics (2).

3.2 This report should contain results of noisesurveys to determine the range of ambient andbackground noise levels. This report should alsocontain time periods and parameters measured inaccordance with this SPD. It should also containdetails of noise assessments, predictions andcalculations.

3.3 The report should give recommendationsand specifications of works, where necessary, thatare required in order for the development to complywith this SPD. Any works necessary to controlnoise should be detailed on the planning applicationdrawings. Where external noise attenuationequipment is proposed, such as acousticenclosures or acoustic screens, the noise surveyreport should demonstrate the location, size andvisual impact of such equipment on the hostbuilding. This is especially important with regardto historical buildings or buildings situated inconservation areas.

3.4 Noise measurement surveys undertaken toestablish ambient and background noise levelsshould be undertaken in accordance with therecommendations of BS 7445-1:2003

3.5 Noise surveys and reports will generally berequired for developments including:

1. Building services and other externalplant

2. Residential and noise sensitivedevelopments

3. Subterranean developments4. New places of entertainment5. Where there are increases in road traffic

3.6 However if you are unsure please seekpre-application advice from the EnvironmentalHealth Line on 0207 361 3002 or [email protected].

3.7 Should you not submit a noise survey andreport with the application as required above orseek the advice of Council Officers your applicationmay be refused or conditions imposed to limit theimpact of noise as appropriate. However, anycondition may not be discharged where compliancerequires external noise attenuation, such asacoustic enclosures, acoustic screens or plantequipment, which have an unacceptable visualimpact on the host building.

2 For advice on the preparation of a noise impact assessment report: The Institute of Acoustics: www.ioa.org.uk; TheAssociation of Noise Consultants: www.association-of-noise –consultants.co.uk, and the Noise and Nuisance TechnicalTeam within Environmental Health at RBKC


General Requirements

4: Planning and Noise4.1 There are two main scenarios:

a. Firstly, development sensitive to existingnoise such as new residential dwellings,schools and hospitals: The main existingenvironmental noise sources within the RoyalBorough are road and rail traffic and to alesser extent aircraft noise and existingbuilding services plants. Industrial noise withinthe borough is minimal. An assessment of theimpact of existing noise on occupiers of theseproposed developments will be required.

b. Secondly, development which generatesnoise: Applications for development thathave the potential to generate noise includethose associated with building services plantand equipment, such as air-conditioning plant.Noise associated with vehicle deliveries orcollections and increases in traffic as aconsequence of development can also resultin increases in noise. Applications associatedwith pubs, clubs and places of entertainmentare dealt with later. An assessment of theimpact of noise from these developments onexisting residential occupiers will be required.

4.2 These scenarios are explored further in thefollowing sections.


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5: Noise SensitiveDevelopment5.1 New residential dwellings IncludingResidential Dwellings exposed to noise fromexisting sources should be assessed in accordancewith Planning Policy Guidance Note 24: Planningand Noise: 1994, (PPG24), and BS 8233: 1999:Sound Insulation and Noise Reduction for Buildings- Code of Practice.

5.2 Wherever possible and practicable, noisesensitive and residential development shall beseparated from existing sources of noise.Separation can be achieved for example by thelocation of habitable rooms on quieter facades andthe use of adequate sound insulation.

5.3 The approach of PPG24 is to assess sitesaccording to various noise exposure categories.The approach is set out in Annex 1 of PPG24.ThisSPD guidance takes account of PPG24 and localcircumstances. When assessing a proposal forresidential development exposed to existingenvironmental noise, the Directorate of Planningand Borough Development will use Table 1 todetermine which of the four Noise ExposureCategories (NECs) A to D the proposeddevelopment site falls into, taking account of bothday and night-time noise levels. Values in Table 1refer to average noise levels determined for anopen site at the position of the proposed dwellings,situated away from any existing buildings. Noiselevels should be determined at a height of 1.2m to1.5m above ground level at the position of theproposed dwelling. Noise levels at upper or lowerfloor levels should also be established if significantdifferences in noise exposure are anticipated atdifferent floor levels. Where the average is on theboundary between NEC’s B and C, it will be for thelocal planning authority to determine the moreappropriate NEC for the proposal. Where sites areaffected by existing buildings, bunds or screens,or where pre-application advice is required, contactthe Environmental Health Line on 0207 361 3002or email [email protected].


Noise Sensitive Development

Table 1: NEC's for New Dwellings Near Existing Noise Sources

Advice

LAeqTMixedSources

LAeqTAircraft

LAeqTRail

traffic

LAeqTRoadtraffic

Timehours

N

E

C

Noise need not be considered as a determining factor ingranting planning permission, although the noise level at thehigh end of the category will be regarded as less desirable.

<55dB<57dB<55dB<55dB07.00 -23.00

A <45dB<48dB<45dB<45dB23.00 -

07.00

Noise should be taken into account when determiningplanning applications and where appropriate, conditions

55-63dB57-66dB55-66dB55-63dB07.00 -23.00

Bimposed to ensure an adequate level of protection against

45-57dB48-57dB45-59dB45-57dB23.00 - noise to meet the Council's recommended outdoor and indoornoise levels.

07.00

Planning permission should not normally be granted.Whereit is considered that permission should be given, for example

63-72dB63-72dB66-74dB 63-72dB07.00 -23.00

Cbecause there are no alternative quieter sites available,

57-66dB57-66dB59-66dB57-66dB23.00 - conditions should be imposed to ensure a commensuratelevel of protection against noise to meet the Council's indoornoise level.07.00

Planning permission is likely to be refused.>72dB >72dB>74dB>72dB07.00 -23.00

D >66dB>66dB>66dB>66dB23.00 -

07.00

i. Values in the table above refer to noise levels at the position of the proposed dwelling.ii. The noise levels used should be representative of typical conditions. This may include predictions

of noise. This could include predictions about various operating conditions but also the effect ofproposed buildings adjoining the site.

iii. Sites where night time noise events (23.00 - 07.00) regularly exceed 82 dBLAmax,Slow several timesin any hour should be treated as being in category C (except where the LAeg level already puts thesite in category D).

iv. For aircraft noise, daytime values accord with contour values which relate to levels measured 1.2mabove ground.

v. LAeg,T the equivalent continuous sound level - the sound level of a notionally steady sound havingthe same energy as a fluctuating sound over a specified measurement period (T).

vi. LAeg,T is used to describe many types of noise and can be measured directly with an integratingsound level meter.


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5.4 It is likely, after following the PPG24procedure that many sites within the borough,suitable for new housing, will be exposed to existingnoise levels contained within, or on the boundaryof, NEC B or C of Annex 1 PPG24.The applicationwill therefore require recommendations andproposals to achieve the following internal noiselevels:

Bedrooms (3) (23.00-07.00) - 30 to 35dBLAeq(8hour) and45dBLAmax

Living Rooms (4) (07.00-23.00) - 30 to 40dBLAeq(16hour)

5.5 Ideally, to achieve these internal levelswindows would be open. However, on thosepotential sites exposed to high levels of trafficnoise, windows would need to be acousticallyglazed and tightly closed. Alternative means ofventilation would be required. Ventilation systemsmust include adequate noise attenuation, outsideto inside. Consideration should also be given tothrough the wall or window passive vents andwhole building passive stack or mechanicalsystems. Rapid ventilation and purge could still beachieved by opening windows for short periodswhen appropriate.

5.6 All schemes for ventilation shall comply withDocument F1 'Ventilation' The Building Regulations2000.

5.7 Sites falling into NEC D shall be subjectto early discussion with the appropriate Officerwithin the Directorate of Environmental Health (tel:0207 361 3002). The guidance in PPG24 is thatsuch sites should normally be refused planningpermission. However, sites within the RoyalBorough for new residential dwellings are scarce.PPG24 does allow measured noise levels to bereduced by 3dBA (see Para 9 PPG24). This canbe appropriate, for example, as there is a need toutilise all potential residential development siteswithin the borough and this may allow for residentialdevelopment on sites within NEC D, albeit withappropriate room layout, façade sound insulationand ventilation to achieve internal levels given inparagraph 5.4 above.

5.8 Outside amenity areas should also beassessed and should, ideally, not be above therange 50 - 55dBLAeq (16hour) at ground level. In order

to achieve this level of exposure to existing noiseconsideration should be given to providing amenityareas carefully sited away from noise-exposedfacades and/or the provision of acoustic screening.Current UDP Policy H7 seeks…’where appropriate,the provision of some outdoors space in all newdevelopment and, in particular, the provision ofopen space and play facilities in developments ofover ten units.’ The assessment of the noiseexposure of outdoor amenity space where this isprovided at ground level should be included in anoise survey report

5.9 PPG24 refers to the method of BS4142:1997 ‘Method for rating industrial noiseaffecting mixed residential and industrial areas’when new residential development would beexposed to existing industrial noise (Para 19Annex 3). The Royal Borough contains very littlespace that could be defined as a mixed residentialand industrial area. However, noise sources of thistype could generally be building services plant butnot exclusively. The assessment method of Para9 of BS 4142:1997(revised) shall indicate, wherethe existing source would attract the +5dBcorrection as per paragraph 8 of BS 4142:1997, adifference in rating level to background noise (LA90)of -15dB. Where the existing source would notattract the +5dB correction the difference in ratinglevel to LA90 background level shall be -10dB.

5.10 Where a predictive BS 4142 assessmentindicates that complaints from occupiers of newresidential dwellings would be likely as a result ofnoise from existing industrial/commercial noisesources, the application is likely to be refused.Theapplicant would need to otherwise demonstratethat they are in negotiation with the owners of theindustrial/commercial facilities to control and reducenoise sufficiently such that complaints are unlikely,as defined in Para 9 of BS 4142:1997(revised).However, it is not possible to impose conditionsoutside the application site.

5.11 Internal noise levels for other types ofdevelopment should be as follows (5):

a. Classroom:35dBLAeq (16hour) to 40dBLAeq

(16hour)

b. Lecture Theatre:30dBLAeq (16hour) to 35dBLAeq (16hour)

3 These recommended levels are from Table 5 of BS 8233 ‘Sound Insulation and Noise Reduction for Buildings CofP’4 These recommended levels are from Table 5 of BS 8233 ‘Sound Insulation and Noise Reduction for Buildings CofP’.5 Note: The acoustical requirements for indoor noise levels for all occupied spaces in schools are as specified by DfES

Building Bulletin 93 “Acoustic Design of Schools” 2003


Noise Sensitive Development

c. Libraries, Museums etc:40dBLAeq (16hour) to 50dBLAeq (16hour)

d. Cellular Offices:40dBLAeq (16hour) to 50dBLAeq (16hour)

e. Open Plan Offices:45dBLAeq (16hour) to 50dBLAeq (16hour)

f. Meeting Rooms:35dBLAeq (16hour) to 40dBLAeq (16hour)

(derived from BS 8233:1999 ‘Sound insulation andnoise reduction for buildings’ C of P)


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6: Noise GeneratingDevelopment6.1 All noise generating development such asbuilding services plant and equipment will besubject to the imposition of the following condition,where considered appropriate, in order to protectresidential amenity. The Environmental HealthDirectorate will seek to attach planning condition:

“Noise emitted by external building services plantand equipment shall not increase the existingconcurrent measured lowest LA90(15min)background noise level at any time when the plantis operating. The noise emitted shall be measuredor predicted at 1.0m from the façade of the nearestresidential window or at 1.2m above any adjacentresidential garden, terrace, balcony or patio. Theplant and equipment shall be serviced regularly inaccordance with manufacturer’s instructions andas necessary to ensure that the requirements ofthe condition are maintained.”

The actual wording may change to reflect thespecific site circumstances.

6.2 PPG24 Para 19 advises that proposals whichgenerate noise can be assessed using theprocedure of BS4142: 1997. In terms of therequirements of BS 4142:1997 and the assessmentmethod (see Para 9 of BS4142) the requirementsare as follows:

“When the new source does not attract the +5dBcorrection of Para 8 of BS4142 the rating level shallbe 10dBA below the measured background noiselevel LA90. Where the new source would attractthe +5dB correction the difference shall be -15dB.These requirements will be a positive indicationthat complaints are unlikely. It should be recognisedthat the planning system is a proactive means ofcontrolling the increase in ambient backgroundnoise within the Borough and these requirementswill assist in these aims.”

6.3 The impacts of traffic and public transport onnoise as a result of proposed major developmentswill need to be assessed. The Transport SPD, inparticular section 5: ‘Transport Assessments’provides information on how developments shouldbe assessed in terms of their transport impact andthis will form the basis of assessing changes intraffic and public transport noise likely as a resultof development. It will be expected that anassessment and prediction of any changes in

existing traffic volume will be assessed in the NoiseImpact Assessment report as required in 3.5. Thetraffic noise assessment should include a noiseimpact of individual HGV's where these areassociated with a proposed commercialdevelopment. Conditions will be imposed limitingHGV movements as appropriate. In this contextyou should also be mindful of UDP policies TR36and TR39. Encouragement for cycling and walkingshould be incorporated within a developmentproposal where appropriate as a means ofminimising noise impacts of development.


Noise Generating Development

7: Vibration7.1 Significant vibration within the borough (apartfrom temporary construction works) is only likelyto be generated by surface trains running on trackowned by Network Rail and trains using subsurface and deep bored tunnels of the undergroundnetwork. Ideally, track form and wheel/rail interfacewould be in the optimum condition to minimisevibration generation. Road traffic is unlikely togenerate any significant vibration where the roadwearing surface is in reasonable repair. A vibrationassessment should be undertaken where railwayseither surface or underground, are within 75m of aproposed development site. Call EnvironmentalHealth Line on 0207 361 3002 or [email protected] forpre-application advice and guidance on particularsites.

7.2 Any site affected by vibration will requireassessment of the impacts of that vibration.Vibration acceleration (m/sec2rms) shall bemeasured at foundation level in each of the threeorthogonal directions x, y and z (6), as necessary.

7.3 The Vibration Dose Values (VDV) should becalculated and assessed from the measuredacceleration levels in accordance with BS6472-1:2008 (revised). For residential development,the VDV (m/s1.75) should not exceed those in Table2, abstracted from Table 1 of BS 6472-1:2008(revised).

Table 2: Residential Development VibrationDose Values (m/sec1.75 )

23:00 to 07:008 hours day

07:00 - 23:0016 hours day

0.1 to 0.20.2 to 0.4

7.4 The VDVs given in (Table 2) are forin-property levels of exposure. Measurementsmade on an undeveloped site may not allow fortransfer functions from the ground into foundations,normally taken as a multiplication factor of 0.5. Inaddition, amplification of vertical vibrationmagnitudes in suspended floors, due to resonance,may increase vertical vibration magnitude by afactor of 2 but this will be dependant on type offloor construction, span and depth. Where a site

has existing buildings, vibration should, if possible,be measured on the foundations, ground beamsor pile caps. Measurements made within existingbuildings need to be corrected to derive VDV whichwould apply to the new buildings on the same site.

7.5 Human response to vibration varies with theduration of exposure, the magnitude of theacceleration and the frequency.

7.6 Where VDV exceed those of Table 2,proposals shall be submitted to mitigate vibrationto acceptable levels.

7.7 Re-radiated noise, within habitable residentialrooms, as a result of vibration from adjacentrailways and other sources, should not exceed35dBLAmax(s). Where it is predicted that noisefrom this source, after allowing for predictiveuncertainty, is likely to exceed 35dBLAmax(s),proposals to mitigate re-radiated noise toacceptable levels shall be submitted to andapproved in writing by the Executive Director,Planning and Borough Development, inconsultation with the Director of EnvironmentalHealth. However, due to the high cost of mitigatingvibration effects, this should be subject to earlydiscussion. Please contact the EnvironmentalHeath Line on 0207 361 3002 or [email protected].

7.8 All building services plant and equipment,including air conditioning and air handling plant cangenerate vibration and in turn, can re-radiate asnoise within buildings. All building services plantand equipment shall be supported on proprietaryanti-vibration mounts. Any permission granted forthe installation of services and equipment plant willnormally contain a condition necessary to controlplant vibration as follows:

“The plant shall be supported on adequateproprietary anti-vibration mounts as necessary toprevent the structural transmission of vibration andregenerated noise within adjacent or adjoiningpremises, and these shall be so maintainedthereafter”

7.8 The content of a vibration assessment reportshall follow the format suggested in Annex A(informative) of BS 6472-1:2008.

6 x and y are horizontal vectors of vibration acceleration at right angles, z is the perpendicular vector to x and y


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8: Clubs, Pubs, Bars andPlaces of Entertainment8.1 Important advice contained within paragraph20 of PPG24 is as follows:

“Commercial developments such as fast foodrestaurants, discos, night clubs and public housespose particular difficulties, not least becauseassociated activities are often at their peak in theevening and late at night. Local planning authoritieswill wish to bear in mind not only the noise that isgenerated within the premises but also theattendant problems of noise that may be made bycustomers in the vicinity. The disturbance that canbe caused by traffic and associated car parkingshould not be underestimated.”

8.2 All applications of this type will be guided tothe most appropriate locations and separated fromnoise sensitive and residential uses. However somerestaurants and cafes when correctly proposed canadd to the attractiveness of a mixed residential andretail area.

8.3 All proposals for development of these types,including where proposed activities on-site arelikely to result in a development being a venue forpatrons with the potential to generate noise, shallbe required to submit a noise impact assessment(7).This should include a prediction of the potentialnoise impact to occupiers of surrounding andstructurally attached residential properties, andother noise sensitive uses, including schools andnursing homes.

8.4 The premises should be constructed withadequate provision for sound insulation ensuringthat music noise and the general ‘hubbub’ createdby patrons does not materially impact on theamenity of occupiers of surrounding properties.There should be adequate control of amplified andlive music by the use of noise limiters and otherelectronic devices set at levels agreed by theDirector of Environmental Health.

8.5 Consideration in any scheme should be givento the likely noise impact of patrons arriving anddeparting the venue and assessment of the

following should be made in this regard both in theearly evening, late evening and early hours of themorning and after the venues close:

a. Additional private vehicles, taxis and minicabs, both parking and driving away.Predicted increase in traffic volumes in 30minute and 1 hour periods especially late atnight on local roads after the venue closes;noise impact assessment should be made ofthese activities.The development submissionshould identify and present mitigationproposals of noise impact as a result of theassessment (8).

b. Patrons on the street departing when thevenue closes, likely routes patrons will taketo public or private transport and duration ofpatrons on the street. A noise impactassessment should be made of theseactivities.The development submission shouldidentify and present mitigation proposals ofnoise impact as a result of the assessment.

8.6 Where the proposed development does notshare the same building or is not structurallyattached to any residential or noise sensitivepremises then:

a. Between 07:00 to 23:00 hrs during the daynoise from within the proposed development,including music and sounds of patrons shallcause no increase in the LAeq5min or more thana 2dBA increase in the Leq5min both in the 63Hzand 125Hz octave bands measured orpredicted 1.0m from the nearest noisesensitive or residential façade or at 1.2mabove any adjacent garden, terrace, balconyor patio. For all other octave bands there shallbe no increase.

b. Between 23:00 to 07:00 hrs, during the night,noise from within the proposed development,including music and sounds of patrons shouldcause no increase in the LAeq5min or Leq5min in allthird octave frequency bands measured orpredicted at 1.0m from the nearest noisesensitive or residential façade.

7 For advice on the preparation of a noise impact assessment report: The Institute of Acoustics: www.ioa.org.uk; TheAssociation of Noise Consultants: www.association-of-noise –consultants.co.uk, and the Noise and Nuisance TechnicalTeam within Environmental Health at RBKC can advise.

8 For advice on the preparation of a noise impact assessment report: The Institute of Acoustics: www.ioa.org.uk; TheAssociation of Noise Consultants: www.association-of-noise –consultants.co.uk, and the Noise and Nuisance TechnicalTeam within Environmental Health at RBKC can advise.


Clubs, Pubs, Bars and Places of Entertainment

8.7 Where the proposed development shares aparty wall or floor or is structurally connected toadjoining noise sensitive or residential dwellingsthen:

"Noise from within the proposed developmentincluding music and sounds of patrons shouldcause no increase in the existing LAeq5min orLeq5min in all the 1/3 octave frequency bandsmeasured or predicted at any time during theproposed hours of opening for the venuewithin the adjoining premises. Adequateprecautions should be taken to avoidinfluence of extraneous noise sources."

8.8 The Royal Borough of Kensington andChelsea is the Licensing Authority under theLicensing Act 2003 and is responsible for grantingpremises licences, club premises certificates,temporary events notices, in respect of theprovision of licensable activities, and personallicences in the Borough. The borough’s Statementof Licensing Policy - January 2008- December 2010shall also be followed where the developmentproposed includes licensable activities.


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9: Sound Insulation:Residential Dwellings9.1 The requirements of Approved Document Eof the Building Regulations (2003 editionincorporating 2004 amendments)are deemedadequate for the sound insulation transmission lossbetween floors and walls of adjoining residentialdwellings. No planning conditions are necessaryas they are part of Building Regulations (2003edition incorporating 2004 amendments). A defectin workmanship during the installation of soundinsulation systems is primarily the cause ofcomplaints both in conversions and new builds fromsubsequent occupiers. The contemporary fashionfor hard surface finishes such as hardwood floorsmake the necessity for adequate impact soundinsulation in floors in apartment blocks essential.The requirements of Approved Document E withregard to impact sound insulation apply to theconstructed floor without carpet and underlay.

9.2 Adequate site control of the installation ofsound insulation systems are important. Ideallyspecialist operatives approved by the systemsupplier/designer would undertake installation.

Sound Insulation betweenCommercial/Residential Dwellings

9.3 The requirements of Document E of theBuilding Regulations specify sound insulationtransmission loss between the floors and walls ofadjoining dwellings.The requirements of DocumentE may not be adequate where commercial useadjoins or attaches to residential use.

9.4 If an application proposes a situation whereresidential use and commercial use will share aseparating floor or wall an assessment of therequired sound insulation performance of the flooror wall should be submitted together withconstruction details of any proposed soundinsulation system.


Sound Insulation: Residential Dwellings

10: Statutory Powersand Codes of Practice10.1 The Council has the following statutorypowers to control noise existing outside theplanning system. The granting of planningpermission does not remove the need to complywith these controls:

Environmental Protection Act: 1990

10.2 Part III (as amended by the Noise andStatutory Nuisance Act 1993) requires localauthorities to serve abatement notices where thenoise emitted from any premises, or from vehicles,machinery and equipment in the street, constitutesa statutory nuisance.

Control of Pollution Act: 1974

10.3 Part III gives local authorities powers tocontrol noise from construction sites. It alsointroduced the concept of the Noise AbatementZone (NAZ).

Noise Act: 1996

London Local Authorities Act: 2004

10.4 Fixed penalty for nuisance.

British Standards Institution Codes of Practice

10.5 Reference should be made to:

British Standard 8233:1999 ‘Sound insulationand noise reduction for buildings’ – Code ofpractice”.British Standard 6472-1:2008.


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