Section 61 Agreement | Guidance for Construction Contractors
Contractors need to consider the impact that construction work could have on the surrounding environment prior to starting a project.
19th January 2024
What is Section 61 Agreement?
The Control of Pollution Act 1974 is a legislation that aims to prevent and control pollution in the UK, this includes; noise pollution, dust pollution, water pollution, and vibration. This act gives local authorities the power to serve notice on a contractor whose work is deemed to be negatively affecting the surrounding environment.
Section 61 of the Control of Pollution Act 1974 regulates prior consent for planned construction work which is likely to significantly impact the local community and surrounding environment. It is advised that a contractor should complete a Section 61 application via the Local Authority for permission to carry out works such as:
Construction works
Road and utility repairs
Demolition works
Groundbreaking
Railway maintenance
A section 61 application outlines the works scheduled to take place, the hours the site plans to be in use each day, and a plan to manage and minimise impact. It acts an agreement between the developer and the local authority, which sets out a detailed mitigation plan of how the contractor will reduce the impact of noise, dust, vibration, water pollution, and other potential hazards.
Why should a contractor apply for a Section 61 Agreement?
A section 61 is valuable to a contractor for numerous reasons, including:
Peace of mind that construction work is having a reduced impact on the environment.
It indicates that a contractor has considered the impact that works could have on both the environment and local community, which is likely to strengthen the contractor’s public image and reduce complaints from the community.
It avoids action being taken under Section 80 of the Environmental Protection Act.
Protection from unlimited financial penalties issued by The Environment Agency. The previous maximum penalty for polluting the environment was £250,000, this was changed to 'unlimited' in December 2023.
The local authority cannot issue a section 60 notice, as long as the contractor abides by what is stipulated in the section 61 agreement. A section 60 notice can have a negative impact on project progress and profitability because it can impose requirements on:
Plant or machinery that can or cannot be used on site.
Hours during which work is to be carried out.
Level of noise that may be emitted from the site, at a specified point on site, or during specified hours.
What should be included in a Section 61 application?
Some of the key points to include are:
The contact details of the main contractor including; name, address, etc.
A clear objective of the works being carried out e.g. demolition of a building.
The operating hours of the site, including any exceptions (weekends, bank holidays, etc).
Any nearby schools, residential areas, hospitals, etc which could be sensitive to hazards such as noise.
A method statement outlining phases of the planned works and machinery that will be used.
When gathering information for a Section 61 application, it is recommended to refer to BS 5228 2009, which is a British code of practice for noise and vibration control on construction and open sites. It contains useful guidance and recommendations that should be followed to protect those living and working nearby from noise and vibration hazards.
Once a Section 61 application has been submitted, the local authority has 28 days to consent to it.
Environmental monitoring and Section 61
Machinery such as breakers, pneumatic tools, generators, and demolition equipment can easily breach the maximum noise, dust, and vibration levels defined by the local council. BS 5228 2009 guidance recommends:
Contractors should therefore measure and monitor the level of hazard created by site activities. Failing to provide evidence that an adequate monitoring programme is in place can result in significant fines and imprisonment. The benefit of environmental monitoring includes:
It enables contractors to fully understand the noise, dust, vibratory, and water pollution risks associated with their project, and it gives them the information needed to decide if engineering controls need to be installed to mitigate a hazard.
It acts as proof to local authorities that work is remaining within the specified limits.
When using automated recording equipment, it provides insight into exposure patterns. Data can pick up what the human eye and ear can miss.
Monitoring with alarmed equipment instantly flags up when safe levels have, or are close to, being breached.
Environmental Monitoring Solutions
Here are some examples of specialist monitoring solutions available to hire and implement as part of your section 61 agreement.
MONITEX® Area Noise Monitor
This monitor has a class 1 instrument for the measurement of environmental noise levels.
Data is uploaded onto the MONITEX® reporting platform where reports can be viewed, analysed, and downloaded.
Email and SMS alerts are sent to the contractor in the event of being close to, or exceeding, a limit breach.
It is easy to set-up, just connect to power and this compact monitoring unit is up and running.
This unit is robust and weatherproof, monitoring dust and particle emissions continuously and in real-time.
It connects with the MONITEX® platform to provide real-time monitoring data.
This unit is ideal for use indoors and outside, and it is built to withstand long-term outdoor monitoring.
The platform can be accessed remotely at any time; plus, you can programme automatic SMS and email alerts to be sent when levels are nearing or exceeding pre-defined limits.
