Planning Consultation Guidance Notes

6.1 Introduction to the section

Where applications contain noise sensitive uses or noise sources which may have an impact upon existing noise-sensitive uses, the applicant will be required to provide supporting information to allow this impact to be evaluated. The assessment of developments should be in line with the NPPF and supporting guidance and Wiltshire Council Development Management guidance. This section provides guidance on specific development types.

6.2 Outline, Speculative and Mixed-Use Applications

Some planning applications, such as outline applications, contain very little information on which an assessment of the potential noise impact can be based. An outline application submitted should provide enough information to allow us to determine whether the nature of a development is suitable for residential development. However, where there is a likelihood of an adverse or significant adverse impact from noise, it is important sufficient evidence is provided at outline stage and noise assessments that are submitted with outline applications must demonstrate suitable noise levels are achievable across the site and incorporate, where relevant, the principles of good acoustic design.

Sometimes we receive applications for speculative commercial developments when there is little information about the likely end-user. In such circumstances, to ensure that the amenity of residents of nearby noise sensitive premises is safeguarded, ECP will make an assessment based on the likely worst-case scenarios with respect to noise impact. This may lead to us recommending refusal or multiple conditions to address all foreseeable situations. Clearly the more detail that is provided by the applicant, the more we will be able to limit uncertainties and thereby reduce the number of conditions required. In circumstances where, even with reasonable mitigation measures, the development is unlikely to satisfy the requirements of this document then we will usually recommend refusal.

Where a mixed-use development is to be considered, we will assess the parts of the development containing noise sources as if the proposed noise sensitive areas already exist based on a worst-case commercial use. For example, a Class E mixed use ground floors without specific end use defined prior to development will be required to prove insulation suitable for indoor sport such as a gym and address noise from kitchen extraction systems.

6.3 Residential Developments

The impact of any proposal will be based upon the noise hierarchy in the Planning Practice Guidance (PPG) Noise, included as Figure 1 in this document.

When building residential developments, the following steps should be taken:

1. Consider the impact from rail and road transportation.
2. Consider the impact from commercial and industrial noise sources.
3. Give regard to any entertainment premises in the vicinity.
4. If the application site may be subject to vibration the application may need to carry out an assessment in line with the guidance in Section7.

Where two or more standards apply for a site or façade then the highest standard of insulation shall be applied. If in doubt the developer should seek advice from ECP.

Where mitigation schemes involving noise insulation are provided for industrial, commercial or entertainment noise sources or where secondary glazing is specified, ECP may require commissioning testing of the insulation scheme prior to occupation. Where commissioning testing is required, it shall demonstrate that:

1. The building envelope achieves the approved sound reduction performance, and
2. the internal noise environment to habitable rooms shall (under all conditions of the test)meet:

• the proposed noise criteria of the scheme,
• the daytime and night-time internal noise level criteria requirements detailed in section 7 and in particular Table 4 of British Standard 8233:2014 'Guidance on sound insulation and noise reduction for buildings',
• the 2017 ProPG on Planning and Noise - 'New residential developments', and
• the requirements of this document.

6.4 Noise from road and rail transport impacting new residential developments

The Council has adopted the following noise limits for residential properties impacted by transport noise:

• Bedrooms (night-time - 23.00-07.00) 30 dB LAeq (individual noise events should not normally exceed 45 dB LAFmax by more than 10 times)
• Living Rooms (daytime - 07.00-23.00) 35 dB LAeq
• Gardens and terraces (daytime - 07:00-23:00) 50 dB LAeq

Internal noise levels should be calculated using the methods provided in BS8233:2014 and/or BS EN 12354:3. In accordance with the ProPG and the hierarchy in section 5 of this document the acoustic design scheme shall aim to achieve the internal noise levels with windows open.

Where openable windows are provided ECP will not accept a strategy that relies on the occupier of the noise sensitive premises having to close the window during noisy activities other than for noise without character such as transportation noise. Closed windows to mitigate transport noise will only be considered if all other reasonable measures in the hierarchy have been utilised and only for an absolute minimum of rooms. Designs that result in whole dwellings needing windows close to mitigate transport noise will not be accepted.

6.5 Noise from industrial and commercial sources impacting new residential developments

To assess the impact of existing industrial and commercial noise sources on new residential developments, applicants should undertake an assessment in line with BS 4142:2014 + A1:2019. The noise mitigation hierarchy in section 5 shall be used with the aim of achieving a rating level of the industrial or commercial sound source level no greater than the representative background sound, where practicable when measured in accordance with BS 4142:2014 + A1: 2019. There may be instances, for specific sites, where a rating level at 5 dB below background is deemed appropriate. This can be determined through discussion with the Local Planning Authority (LPA).

In addition, maximum noise levels at night attributable to the industrial or commercial source should not exceed 60 dB LAFmax at the façade.

ECP will not consider schemes which rely on closed windows and alternative ventilation to mitigate noise from industrial and commercial uses. ECP recommendation will be based on the context of each individual application but a scheme that uses closed windows in this way will normally be refused.

6.6 Introduction of a new industrial or commercial noise source

For most proposed industrial and commercial noise sources, an assessment in line with BS4142 should be carried out at the façade of noise sensitive premises. One of the indications of the impact of a BS 4142 assessment is the lower the rating level is relative to the measured background sound level, the less likely it is that the specific sound source will have an adverse impact or a significant adverse impact. Where the rating level does not exceed the background sound level, this is an indication of the specific sound source having a low impact, depending on the context.

New developments should contribute and enhance the area in which they are located and where possible i.e. prevent 'noise creep', contribute to the improvement of people's health and quality of life as per the NPSE. Therefore, the design objective should be:

The development should be designed so as to achieve a rating level of 5dB (LAeq) below the typical background (LA90) level at the nearest noise sensitive location.

Where this criterion cannot be achieved, the various noise control measures considered as part of the assessment should be fully explained (i.e. relocation of noise sources, use of quieter equipment, enclosures, screening, restriction of the hours of operation) and the achievable noise level should be identified. This information will allow a judgement to be made concerning the application and its likely impact on the surrounding area. In addition to the above, maximum noise levels should also be adequately controlled.

Background and ambient noise levels shall be representative of the existing noise levels at the most sensitive time during the proposed period(s) of operation. Where different operating regimes are proposed (for example daytime, evening and night-time), background and ambient noise levels shall be determined for each operating period.

In addition to the above assessment, the applicant should assess the maximum noise levels (LAFmax) from the development that are expected to occur between the
hours of 19:00 and 07:00. Overnight monitoring will be necessary where the external LAfmax sound levels are likely to exceed 60 dB during the night period at the façade of the nearest noise sensitive dwelling.

Deliveries and collections are usually controlled by restricting operational hours but depending on the extent of these activities, a Noise Management Plan (NMP) may be requested, which would include an assessment of noise. This would usually involve assessing the noise upon arrival, loading/unloading period and then departure.

The NMP may also need to include controls such as acoustically sealed delivery bays, and restrictions on vehicle mounted refrigeration units, audible alarm systems or white noise reversing beepers. Where applicable, the noise assessment will take account of multiple noise sources operating simultaneously and report the cumulative impact.

Noise from fixed plant or equipment should be selected, located and designed to achieve the criteria above.

Where available, product specification data for new items should be submitted with the acoustic report. Consultants should be using these to compare with data from the noise survey and propose mitigation where the levels are above those specified in the criterion. Where this information is not available a consultant may choose to measure the noise, levels generated by the equipment in question where the equipment has already been installed elsewhere (and in accordance with BS 4142).

Where fixed plant, equipment or machinery is attached to a building the vibration caused by it can pass through the building structure and cause structure borne noise elsewhere in the building. Where it is to be installed in or on a building containing a noise sensitive use, structure borne noise should be considered in the noise assessment and adequate control measures should be proposed to prevent vibrations. An example of where this would be required is where there is a proposal to install ventilation equipment on the roof of a residential apartment block or it could be an air source heat pump attached to the side of a building.

6.7 Noise from entertainment premises

There are likely to be four types of noise source associated with entertainment venues that have the potential to impact amenity:

• entertainment noise, for example recorded and live music
• patrons accessing (including queuing), using (both internal and external spaces) and leaving the premises; designated smoking areas can also give rise to noise
• fixed plant, for example air conditioning or extraction units
• servicing the premises (deliveries and waste management)

The application will need to address all of the above.

When developing a noise assessment for an entertainment premises the noise impact must be predicted using noise levels representative of those found in 'typical' venues of the kind being applied for. This is because although an applicant may only be planning a relaxed or acoustic venue the planning approval would remain in place as long as the development exists. A new business could move in in the future which wishes to provide much louder entertainment. The assessment must provide rationale and references for the source noise levels used.

There is no recognised standard for assessing the impact of people noise on amenity for planning purposes. The impacts of outside people noise can be especially problematic when noise sensitive premises are close by.

6.7.1 Loud music from entertainment premises

The design aim should be for music to be 'inaudible' within habitable rooms.

Noise is considered to be inaudible when it is at a sufficiently low level such that it is not recognisable as emanating from the source in question and it does not alter the perception of the ambient noise environment that would prevail in the absence of the source in question. The building structure is therefore key and will usually involve a high performing solution in loud music venues.

Appendix 2 provides analysis of guidance around low frequency noise and inaudibility. A criterion that would achieve a condition of 'inaudible' / 'virtually inaudible' which is applicable for new residential developments that are structurally connected to entertainment venues (or vice versa) would be:

Music noise levels in the 63Hz and 125Hz octave centre frequency bands (Leq) should be controlled so as not to exceed (in habitable rooms) 47 dB and 41 dB (Leq, 5 min), respectively.

A lively bar can operate around 95 dB LAeq and nightclubs can be even higher at 105 dB LAeq. The range of levels at 63Hz and 125Hz octave bands is wider than the A-weighted levels and can be up to 115dB Leq and 110 dB Leq respectively (Davies et al. 2005).

This criterion may also be applicable for new residential developments that are structurally separate from an existing entertainment venue.

A planning application for a new entertainment venue that is structurally detached from other building uses should demonstrate that music noise from the proposal will not be 'audible' in nearby residential properties, assuming that the residential properties in question have their windows open. The criterion here is:

Music noise Level (LAeq,5min) should be controlled to 5 dB below the typical background noise level (LA90) in each octave band at façade of the nearest noise sensitive property.

Depending on the circumstances it could be that both the above criteria are applicable for the same development (new entertainment venue). In order to control music noise levels so as not to exceed any agreed maximum permissible operating levels, as a last resort, a suitable noise limiting device may be necessary to install, in addition to structural acoustic treatments such as uprated lobby systems and size, location and fixing of loudspeakers.

6.7.2 People noise from entertainment premises

Any noise assessment for entertainment premises must assess the impact of people noise on residential dwellings. This is especially important if there are outdoor areas where people will use/congregate. For such locations, we expect the noise assessment to assume that each person is talks in raised voices at a level 64 dB LAeq - this assumes a 50/50 split between male and female. This level is derived from "Handbook of Acoustical Measurements and Noise Control" (Harris 1991). The study looked at noise data from groups of people communicating with each other for different types of communication. The results from this study are summarised in table 3.

Noise calculations should assume that 50% of people are talking at any given time. This data can then either be modelled or used in a simple source distance calculations such as the one used below for a venue wither a capacity of 80 persons.

When assessing people noise, it is important for any noise assessment to consider the context of the location where any impact occurs and an assessment in consideration of background levels calculated at the most sensitive period of the entertainment venue's operating hours is an important part of this impact assessment process. The final 30 minutes prior to closing is considered the most appropriate time to calculate the background level as this is the time when roads are likely to be quietest and occupiers in nearby residential dwellings will be trying to sleep. It is the comparison between the background and ambient sound levels that identifies whether mitigation is considered necessary and whether this mitigation is adequate to reduce the noise impact from patrons.

People noise (LAeq,5min) should not exceed the typical background noise level (LA90)at the façade of the nearest noise sensitive location.

6.7.3 New residential development with entertainment premises nearby

The design aim should be for music to be 'inaudible' within habitable rooms with windows open.

We expect the methodology for assessing this will be consistent with the approach taken in section above (or appendix) regarding entertainment noise.

6.8 Multi Use Game Areas (MUGA)

Multi Use Games Areas (MUGA) can include a combination of facilities such as football pitches, hockey pitches, basketball pitches, netball pitches etc. and are usually community-based projects or within school premises. Guidance has been produced by Sport England on the acoustic implications and design considerations for artificial grass pitches which should be considered for MUGA proposals(10).

It is expected that a noise assessment will be provided in support of an application for a MUGA. Ball impact noise on kick boards and fencing is a significant factor as well as noise from whistles and people noise. Any assessment will need to consider these sources and include measurement of the existing noise environment and predicted impacts from the development on the amenity of noise-sensitive receptors.

Noise mitigation measures may include:

• ensuring kick boards are no more than 30cms in height from ground level
• acoustic treatment of kickboards
• ensuring that chain fencing is supported with rubber mounts
• restriction of hours
• siting MUGA's away from residential properties
• boundary treatment (noise barriers, fencing material or bunds)
• management measures

MUGA proposals within the curtilage of a school may be treated differently where the site has already been used as a children's play area, particularly if the play area will not be used at night and there were no complaints.

Recommendation for approval will depend upon proximity of the development to neighbouring residents, the size of the development, background noise levels and the predicted impacts and proposed mitigation.

6.9 Skate parks

When a new skate park is proposed it is often desirable to locate them on existing green space. Changing the use from agricultural field or common / parkland to a skate park introduces an activity that can result in noise that has a significant adverse impact on people living or working nearby. Skate ramps constructed of concrete result in less noise than other materials. Where possible hours of operation and any management controls should be stated.

For us to be able to make informed decision about a skate park proposal we would request the following:

1. A comprehensive noise impact assessment which demonstrates that there will be no adverse impact on any noise sensitive receptor. We would recommend a design criterion that does not exceed background noise levels.
2. Such an assessment may be carried out in the spirit of BS4142:2014+A1:2019, to assess the likely impact externally at 'off-site' receptors.
3. The assessment shall include:

• Worst-case noise generated for one hour.
• Worst-case noise likely - to be assessed (rated) in BS4142 terms i.e. compared against the measured background noise (LA90).
• An assessment of the LAmax's (instantaneous noise events) likely to be produced from board slap/tricks/landings.

To obtain the worst-case noise levels the consultant may have to measure the same (or very similar) configuration and construction of ramps etc elsewhere when in full use by skaters, and then transpose the data to the chosen site where the background noise will have to be measured.

The assessment should 'factor in' any mitigation measures that exist or are recommended e.g. topographical features/walls etc.

(10. Sport England: Artificial Grass Pitches Acoustics Planning Implications Guide (opens new window))

6.10 Criteria for schools, hospitals, and hotels

The design of schools and hospitals is covered within specific technical documents, which contain a large number of design criteria for the differing types of rooms. The key documents are:

• schools are covered within Building Bulletin 93,
• hospitals are covered within Health Technical Memorandum 08-01.

Where applications are received for schools or hospitals ECP will not specify any noise levels to be met at the planning stage but will recommend that consideration be given to the achieving the levels within the relevant document.

The location and construction of a hotel will normally be based on a business case. The ECP will not usually prescribe noise and vibration criteria for hotel bedrooms where the noise source is road traffic. In such cases we recommend that hotel bedrooms shall be designed and located such that the unoccupied noise levels do not exceed the criteria specified in Table 4 of BS8233:2014 (alternative criteria used by some hotel groups are provided in Annex H of BS8233 2014). We further recommend that hotel bedrooms shall be designed and located such that vibration levels do not exceed 0.14 mm/s peak particle velocity, or the assessment of vibration levels results in a low probability of adverse comment when assessed in accordance with BS 6472.

However, where the proposed location of a hotel is such that the bedrooms are potentially impacted by commercial, industrial or entertainment noise we would expect a detailed assessment of noise impacts due to the potential impacts on the existing businesses should disturbance occur.

6.11 Day nurseries

There are two principle noise sources - firstly noise associated with indoor activities which in most cases can be mitigated by good acoustic design, upgraded insulation and layout. However, where the building is attached to a noise-sensitive use we would expect the application to include a scheme for noise insulation appropriate to the intended use and the existing structure.

The second source (which can result in adverse impact and complaint) is noise from the outdoor areas of nurseries and other childcare facilities which are used for play and assembly. The use of objective measurements to assess noise generated by human activity (e.g. children playing, large groups of people etc) is very difficult as the noise levels vary continuously with bursts of noise inter spaced by periods of relative quiet. In addition to this, children are active and so the noise produced isn't in a fixed location. Noise from children playing, talking, crying etc will be potentially intrusive if it is audible within either adjacent premises or adjacent residential amenity space.

Any application including an outdoor use should be supported by a noise assessment. This assessment should determine the noise impact from the use of the outdoor areas and should be based on measured levels for the source noise (where it exists currently) and representative ambient / background noise levels at the potentially affected noise-sensitive premises.

In most cases as the noise source will not exist it will be acceptable for measurements to be provided from a suitable comparable facility and the assessment shall include all raw monitoring data, details of the activities during the measurements, a suitable site plan for the data provided indicating the measurement location and source and shall be for a period of at least 30 minutes.

Where possible the distance between the source and measurement location for noise monitoring from a comparable facility should be similar to the separation between the edge of the proposed play space and the noise-sensitive receptor. It will not be acceptable to calculate distance attenuation by considering the play area as a point source at the centre of the play area given that the source is a group of moving children and hence cannot be typified as a point source.

The assessment criteria need to be specific to the proposed use. In general, we will not accept including periods when there is no activity in the play area in any calculated average and also we will not accept the use of BS 8233 as the noise source cannot be typified as 'noise without character' and it is therefore inappropriate. Any recommendations from a noise report should be incorporated into the planning application and outdoor play area management strategy as appropriate.

6.12 Dog kennels

Noise emissions from commercial kennels are associated with dog barking but may also include whining, howling and yelping. The potential for adverse impacts has been documented with barking audible over extended distances and nuisance conditions at up to 500 metres.

A UK noise attitude survey (1999 - 2000) conducted by the Building Research Establishment (BRE) cites barking dogs as the fourth most common source of noise nuisance. At present there is an absence of specific guidance which defines a methodology to assess the impact of noise from dog kennelling / boarding establishments, which undermines due consideration and full demonstration of achievement of objectives under the NPSE.

No agreed standard, or noise assessment methodology currently exists specific to dealing with the prediction of noise impacts from dog kennelling / boarding establishments, this is due to the lack of UK specific guidance, the uncertainty surrounding the applicability of British Standard 4142: 2014 + A1 2019 to the assessment of dog barking noise, and the discrepancy surrounding applicability of World Health Organisation criteria to unsteady distinctive noise.

Such developments create challenging and often contentious consultation work due to the highly characterful nature of dog barking noise. Barking is designed to attract attention and it is highly distinguishable against the background noise environment. Barking is unpredictable and intermittent, consisting of short bursts which last seconds but will recur repeatedly.

The maximum level of noise from larger animals has been measured: LAFmax of 98dB and collective maximums of 107dB.

The issues which arise within assessment methodologies at present is that the LAeq which is a time-integrated measure, is deemed to be of limited benefit in predicting the annoyance impact. Effectively the LAeq parameter does not characterise or represent the highly intermittent and impulsive nature of dog barking sound, as these are "smoothed" out over longer duration measurements. There are also uncertainties and inconsistencies with regard to the noise source data, with wide variances adopted, and uncertainty whether representative of noise emitted. As such, It is not considered appropriate to use BS 4142:2014+ A1 2019, "Methods for rating and assessing industrial and commercial sound" because of the inability of the reference-time periods to represent such highly characteristic noise.

There is a risk without adoption of a clear representative noise impact methodology that such developments may proceed based upon inadequate noise impact assessments i.e. the proposed development may operate potentially with insufficient safeguards and inadequate levels of noise control which could give rise to noise emissions seriously impacting amenity and/or a further recourse under statutory nuisance.

Any application for Dog kennelling / boarding establishments must demonstrate that the impacts of dog noise have been considered. The applicant will be required to demonstrate that the impact of dog barking is at an acceptable level. The following measures in combination may be considered:

• a reasonable separation distance to receptors thereby reducing the resultant noise level of barking
• a good structure (typically purpose-built) capable of insulating against noise breakout
• a layout which limits the disturbance/agitation of the dogs and which uses barriers and shielding to minimise impacts upon nearby receptors
• excellent management practices to ensure the minimal barking during, arrival, feeding, exercise and pick-up times

Management practices shall include the following:

• kennels should be constructed to visually screen stimuli such as other dogs, animals, traffic or passers-by
• access to kennels should be restricted solely to staff
• feeding of the dogs should be restricted to the daytime hours of 7.30am to 6pm
• exercise of the dogs may only be performed between the hours of 9am and 5pm
• a responsible person must be available on site 24 hours per day
• kennels should be constructed of such a material so as to provide an appropriate reduction in the emission of noise; materials such as masonry and cement sheeting would provide a suitable structural basis
• the kennels should be positioned so as to utilise the ability of the topography to reduce noise
• a compliant response system should be implemented

It is considered that an appropriate design standard for a new kennelling operation is one based on control over the maximum barking level.

Applying control to the maximum barking level places reliance upon good design, layout and insulation within the kennels and reduces the reliance upon assumptions of noise impact due to controlled behaviour of the dogs.

Measurements must be undertaken over a sufficient period of time to reflect the variations in operating practice (e.g. peak capacity, high external stimuli, high amenity periods (weekends) etc.)

This technical guidance proposes the use of the LAF max parameter as a proxy for the Sound Power Level Lw of barking. Alternative parameters such as LAeq 100ms and L peak could provide a similar proxy measure, however LAF max was chosen as published reference values are much more readily available.

An acceptable source noise level shall be a LAFmax of 95dB however where larger dogs are to be housed or could be housed, then a value of LAF max of 100 dB should be used.

During the daytime between 08:00hrs and 20:00hrs such developments should be designed such that the LAmax noise impact at nearest receptors should not exceed the background sound level LA90. (BS 4142 provides an appropriate method for the determination of representative background sound levels LA90).

During early morning (07:00hrs to 08:00hrs), evening (20:00hrs to 23:00hrs) and night-time hours (23:00hrs to 07:00hrs) such developments should be designed to ensure the LAmax remains 5 dB below a representative night-time background sound level LA90.

In effect, unless otherwise demonstrated, this is likely to mean that dogs need to be inside within an insulated building during these evening / night-time periods.

6.13 Air Source Heat Pumps (ASHP's)

Heat pumps are an important part of the Government's strategy to reach net zero carbon emissions by 2050. The Wiltshire Climate Strategy has been adopted by full council and forms a part of the council's constitution. It sets out that the council has acknowledged a climate emergency and are seeking to make the county carbon neutral by 2030. This will require radical action to reduce greenhouse gas emissions from our existing and new built environments.

However, ASHP technology generates noise, and units often operate during the night and day. As a result, ASHP's have the potential to cause significant adverse effects to other people nearby, especially where residential dwellings are in close proximity.

Noise is not always a high priority when homeowners or installers are selecting product or location with efficiency, cost and aesthetics often being seen as more important. Technology is continuously improving and there is an increasing number of quieter models available.

The selection, location and installation of ASHP's should be considered with noise as a priority concern. In certain circumstances ASHP installations may be considered 'Permitted Development' if they meet the Microgeneration Certification Scheme (MCS) standard. Unfortunately, compliance with this standard does not necessarily mean noise from the ASHP will not have an adverse or significantly adverse impact at neighbouring properties.

There are three main reasons for this. Firstly, the calculation in the standard assumes a background noise level of 40dB LA90, many locations in Wiltshire would be significantly below this at night. Secondly the calculation used a sound measurement that takes no account of whether the unit being assessed is running at maximum capacity or during one of its noisier modes such as the 'defrost' mode. The calculation also takes no account of sound characteristics such as an audible hum, buzz or clunk which may make the sound more annoying.

Compliance with the MCS standard does not mean a ASHP will be exempt it from statutory nuisance legislation. Should complaints about noise nuisance from an ASHP be made to the local authority we would have a duty to investigate under the provisions of the Environmental Protection Act 1990 and serve an abatement notice when appropriate.

The Chartered Institute of Environmental Health (CIEH) and the Institute of Acoustics (IOA) have produced a Professionals Advice Note which recommends that an
absolute rating level target, which takes account of the sound character, is a proportionate approach. The advice note provides a simple calculation for homeowners and installers so they can check if the installation will meet the criteria. Larger heat pump installations or installations in a sensitive location may require a more comprehensive assessment which will need to be carried out by an acoustic professional.

It is recommended the advice note is followed when considering the installation of any ASHP whether or not full planning permission is required.