2. NPPF
•Consultation published July 2011, came into effect in
March 2012
•‘Simplification’ of the planning system- 1300 pages
condensed into 50
12 Core planning policies:
‘always seek to secure high quality design and a
good standard of amenity for all existing and future
occupants of land and buildings’
•For noise we were formerly guided by PPG 24 which
provided 40 pages of technical guidance as well as noise
& vibration-related planning policy
3. NOISE & The NPPF
•For noise 40 pages of technical guidance in PPG 24
condensed into 4 bullet points:
•Avoid noise from giving rise to significant adverse impacts on
health and quality of life as a result of new development;
•Mitigate and reduce to a minimum other adverse impact on
health and quality of life arising from noise from new
development, including through the use of conditions;
•Recognise that development will often create some noise and
existing business should not have unreasonable restrictions put on
them because of changes in nearby land uses since they were
established; and
•Identify and protect areas of tranquillity which have remained
relatively undisturbed by noise and are prized for their recreational
and amenity value for this reason.
•No technical guidance, except for mineral projects
4. Noise Policy Statement for England
• Published by DEFRA in March 2010
• Referenced in the NPPF
• Aims:
• Provide clarity regarding current policies and
practices to enable noise management decisions
to be made within the wider context
• Clarify the underlying principles and aims in
existing policy documents, legislation & guidance
that relate to noise
• Applies to all sources of environmental noise
5. Noise Policy Statement for England
• Separates policy from technical advice
• 3 Noise Policy Aims to health and quality of life:
1. Avoid significant adverse impacts;
2. Mitigate significant adverse impacts;
3. Where possible, contribute to the improvement..
• Definition of health and quality of life
• What do these aims mean?
•NOEL- no observed effect level- below which there is no
detectable effect on health and quality of life due to noise;
•LOAEL- the level above which adverse effects on health and
quality of life can be detected
6. Noise Policy Statement for England
• Concept expanded further to include SOAEL. The
level above which significant observable adverse
effects on health and quality of life occur
• 2nd aim of NPSE- mitigate and minimise impacts on
health and quality of life… refers to situation where
the impact lies between LOAEL and SOAEL…
• This implies two things:
1. Any noise impact lower than SOAEL is potentially
acceptable
2. Any impact between LOAEL and SOAEL may require robust
demonstration of mitigation, cost benefit analyses etc. to
justify
7. Noise Policy Statement for England
• As a result the meaning of the NPSE has to be
interpreted as potentially allowing a greater noise
impact for sustainable development provided that a
reasoned and robust approach is taken to justify
that measures to generate a lower impact are not
practicable
• This contrasts with the ‘amenity’ core planning
principle in the NPPF
• Clear that the primary focus of the NPSE is to avoid
significant impacts and SOAEL is likely to be a back-
stop position with LOAEL an important intermediary
• What do they mean?
8. Definition of LOAEL & SOAEL
NOEL- No Observed Effect Level
LOAEL- Lowest Observed Adverse Effect Level
SOAEL- Significant Observed Adverse Effect Level
NOEL LOAEL SOAEL
Increasing noise impact
Statutory Nuisance?
NPL Report CMAM 16
Loss of Amenity?
9. Definition of LOAEL & SOAEL
• LOAEL and SOAEL will be different for
different noise sources, for different
receptors and at different times
• Putting LOAEL and SOAEL into technical
guidance is extremely complex, research is
underway and behind, timescales uncertain
• Watch this space!
10. Summary
•PPG 24 provided useful technical guidance in
additional to planning policy relating to noise
•NPPF provides no technical guidance
•NPSE provides semantics relating to severity of
observable adverse effects. Implies that any effect
up to ‘significant’ is potentially acceptable for
sustainable development, regardless of impact on
amenity
•Relationship between NPSE semantics and real-
world acoustics complex. Much research to be
done, potential for more disagreements/ disputes,
greater use of the appeal system?
11. Thank you for your Attention
• 24 Acoustics is an engineering consultancy
specialising in acoustics, noise and vibration;
• This is a summary of an hour long CPD
presentation designed for planning professionals;
• Please contact me if you would like to organise a
full presentation at your premises or to attend a
presentation at a venue in London or the south of
England;
• For more information please contact me:
reuben@24acoustics.co.uk
Notas del editor
Things potentially start to unravel- words- no numbers! Implications of lack of technical guidance on noise….. More need to agree assessment criteria with LPAs in advance, greater potential for disagreement, greater potential for increased use of the appeal system? Hence we need to try and put numbers to our words- research in motion
First 2 points relate to adverse impacts. A reference is provided to the Noise Policy Statement for England which provides a definition of this. 3 rd point is important- and new (not in consultation)- relates primarily to new housing near to existing resi. Areas of tranquility- what are these- described in European Environmental Noise Directive- nothing done about them yet except in Wales where 29 ‘quiet areas’ have been shortlisted for preservation. No technical guidance- what are the implications? More need to agree assessment criteria with LPAs in advance, greater potential for disagreement, greater potential for increased use of the appeal system?
Published before the NPSE Uses the word ‘clarify’ a lot-
It is guidance for producing policy- not policy itself. Published before the NPSE Aims Avoid significant adverse effects on health and quality of life within the context of government policy on sustainable development. 5 points which define SD Mitigate adverse impacts on health and quality of life- refer back to this in the next slide; Where possible contribute to the improvement… where possible positively improve health and quality of life through the proactive management of noise while also taking into account the guiding principals of sustainable development… protection of quiet places and quiet times as well as the enhancement of the acoustic environment. WHO definition of ‘health’ as complete physical, mental and social well-being, not merely the absence of disease or infirmity and recognises the enjoyment of the highest attainable standard of health as one of the fundamental rights of every human being. Quality of life- is a subjective measure that refers to people’s emotional, social and physical well being and ‘health’ which refers to physical and mental well being. Noise exposure can cause annoyance and sleep disturbance both of which impact on quality of life…. And also can cause adverse health effects. Toxicology- have been adopted by the WHO??? NOEL- No observed effect level LOAEL- Lowest Observed Adverse Effect Level
SOAEL- Significant Observed Adverse Effect Level 2 nd aim of NPSE- LOAEL- SOAEL- mitigate and minimise adverse effects on health and quality of life while also taking into account the guiding principles of sustainable development. This is consistent with consideration of Best Available Techniques or appropriate measures under Environmental Permitting Regulations. Significantly, this would mean that any time noise levels are greater than LOAEL there will need to be a demonstration of what noise mitigation has been considered.
SOAEL- Significant Observed Adverse Effect Level 2 nd aim of NPSE- LOAEL- SOAEL- mitigate and minimise adverse effects on health and quality of life while also taking into account the guiding principles of sustainable development. This is consistent with consideration of Best Available Techniques or appropriate measures under Environmental Permitting Regulations. Significantly, this would mean that any time noise levels are greater than LOAEL there will need to be a demonstration of what noise mitigation has been considered. Example: a decision maker receives an application
From NPL Report CMAM 16
Timescales already exceeded We have permitted development rights for domestic air source heat pumps providing they don’t generate a noise level greater than 42 dBA at the nearest resi property… inappropriate. Would like to play levels from a number of sources at the same level continuously and ask the audience which is the loudest.
Don’t forget the Neuro animation. Can any one spot the point at which SOAEL occurs?
