Environmental advice for developers and planning agents

Our noise technical guidance provides guidance to our Environmental Health Officers when making recommendations, and may also assist those seeking planning permission by drawing to their attention the noise and vibration issues that may need to be addressed. The aim is to provide clarity for developers in understanding our expectations where national guidance is does not, or may be open to interpretation in certain circumstances.

Download the Noise Technical Guidance (PDF, 1 MB)(opens new window).

Air Source Heat Pump (ASHP) technology generates noise, with units often operating during night and day, creating the potential for significant adverse impacts on others nearby, especially where residential dwellings are in close proximity.

The selection, location and installation of ASHPs 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. Compliance with the MCS standard does not mean noise concerns should be ignored.

The Chartered Institute of Environmental Health 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 ASHP installations or installations in a sensitive location may require a more comprehensive assessment which will need to be carried out by an acoustic professional. The advice note can be found on 'CIEH and IOA launch new heat pump briefing notes (cieh.org)'. 

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

In some instances an Odour Impact Assessment may be required to ensure odour from certain sources (slurry lagoons, sewage works, poultry houses etc.) will not adversely impact upon new or existing residents, which should include appropriate mitigation measures.

Odour from takeaways and restaurants can be highly intrusive. Environmental Health Officers will not be able to provide a consultation response on planning applications without evidence that the system has been designed to avoid noise and odour having an adverse impact on people living or working nearby.

This evidence should take the form of a scheme containing full details of arrangements for internal air extraction, odour control and discharge to atmosphere from cooking operations, including the location and appearance of any external ducting and flues. The scheme must include full technical details and a risk assessment in accordance with Appendix 2 and 3 respectively of the 'Control of odour and noise from commercial kitchen exhaust systems, guidance (Gibson, 2018) or (Gibson, 2022).

 Further guidance can be found at IAQM: Guidance on the assessment of odour for planning (opens new window)

Wiltshire has eight Air Quality Management Areas (AQMAs). These areas suffer with poor air quality and have been designated due to their exceedances in annual mean nitrogen dioxide objective levels.

The Air Quality Supplementary Planning Document (PDF, 12 MB)(opens new window) seeks to assist developers in improving air quality and lowering transport emissions in line with national planning policy along with the aims and objectives of  Wiltshire's Air Quality Action Plan (PDF, 8 MB)(opens new window) and Air Quality Strategy (PDF, 5 MB)(opens new window). 

The supplementary planning document outlines the importance of the following:

• the base design of the development
• how to classify a development site and what type of air quality assessment is appropriate
• emissions calculations
• appropriate mitigation/design including our policy on financial 'off setting' contributions

Currently the local authority planning process is the primary means by which land identified for development may be required to be screened for the possibility of land contamination being present. Where land put forward for development has a contaminative history the planning process secures its investigation and remediation so that it is suitable for its intended use. The National Planning Policy Framework identifies the need for remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land, where appropriate.

The local authority also has a secondary role in respect of land contamination through Part IIA of the Environmental Protection Act 1990 which places an obligation on all local authorities to inspect their district to identify areas of potentially contaminated land. Once identified and prioritised, this land must then be investigated and remediated (cleaned up/ made safe) if necessary. The legislation applies the principle of the 'polluter pays' and therefore as part of the research of a site, past owners and occupiers have to be identified.

Please refer to our Contaminated Land pages for more information.

Building Regulations Approved Document J: combustion appliances and fuel storage systems (opens new window) provides statutory guidance on certain installations which emit gasses and smoke. Section 2 is regarding solid fuel installations. The height required for flues in this guidance is the minimum and chimney heights and/or separations may need to be increased in particular cases which can have an adverse effect on flue draught. Chimneys and flues must be located away from neighbouring windows. Chimneys must be sufficiently high to allow free dispersal; e.g. if you are on a hillside for example you might need a higher chimney than normal to take the smoke away from an adjoining neighbour higher up the hill.  Down draught will likely be avoided if the chimney or flue discharges at least 1m above the ridge height of any building within 15m. Large scale boiler operators will need to provide a chimney height calculation in accordance with the appropriate relevant guidance such as D1 or the chimney height memorandum.

Sources of dust from roads, quarries processing material, construction activity and storage of raw material can in some cases cause significant amenity issues.  Proposed developments which have the potential to adversely impact residential dwellings will be required to submit a dust management plan. The dust management plan shall set out procedures to minimise the risk of dust and particulate matter emissions, identify the operations which have a potential impact upon air quality in the locality and detail the operational control measures which are implemented to minimise any impacts.

For developments with proposed significant external light which will have line of sight to residential properties or other sensitive receptors we will require the submission of a lighting impact assessment and proposed mitigation measures in accordance with guidance set out in Institution of Lighting Professionals (ILP): Guidance For The Reduction Of Obtrusive Light (opens new window). 

Further information can be found on the GOV.UK website under light pollution which provides advice on how to consider light within the planning system. Including, the Guidance on sections 101 to 103 of the Clean Neighbourhoods and Environment Act 2005 - Statutory Nuisance from Insects and Artificial Light.

If it is likely that pests (including flies) may arise from the proposals we would expect the submission of a management plan to detail how pests will be effectively managed and mitigated against to prevent having an adverse impact on local sensitive receptors.

If there are residential properties close to your development, you will need to consider how noise and dust will be controlled during the construction phase. The Council recommends that noisy activities should not be carried out on site, outside the following hours: 

• Monday to Friday 8am - 6pm
• Saturday 8am - 1pm
• Not at all on Sundays or Bank Holidays

Where complaints are received from members of the public about noise from the site, a legal notice may be served under the Control of Pollution Act 1974 to formally restrict the time for noisy works. 

We would expect a Construction Management Plan to be submitted with any major development whose construction/demolition phase is likely to be ongoing for a long period of time.

If in changing the use of the business there is likely to be a new impact arising from this change, e.g. a retail unit turning into a bar, or an office change into residential flats, you will need to consider these impacts in your application and include details of any potential control measures, e.g. required improvements to layout, sound insulation, noise limiters, lobby doors, double glazing, noise management plan.

You must consider whether your development will be affected by, or will cause any of the environmental issues mentioned in this document including noise, air quality and contaminated land. You must take the appropriate steps to ensure that both the future occupants of your development and those living or working nearby are adequately protected. Where it is not possible to take steps to prevent or protect people from these issues, then it is likely that amenity cannot be protected and you should reconsider whether the proposed development should take place.

Furthermore, if the change of use is to change or introduce a business activity and that business activity subsequently causes a "statutory nuisance" the advice given in this document may affect that business' ability to claim any statutory defence of "best practicable means" in any future taken against it under the Environmental Protection Act 1990.

By addressing these issues before the development takes place you will reduce the risk of any adverse effects, additional costs  and reduce the chances of the local authority using its enforcement powers in the future to resolve the problem.

You will need to check with Planning Services whether there are any conditions relating to the hours of operation on the current planning permission.

If there are restrictions on the hours of operation and you plan to open beyond this you will need to submit an application to vary the condition. You should be aware that the community will be more sensitive to noise after 11pm and before 7am, and additional control measures may be required if the new business will be producing noise during these times. This needs to be addressed in the planning application.

The Town and Country Planning (General Permitted Development) (England) Order 2015 (and any future changes) provides additional permitted development rights which we are no longer consulted on. However, some items within permitted development require 'prior approval'. This involves submitting a Prior Approval Application. In most cases we are restricted in what we can comment on but typically we will be able to assess items such as  noise and contaminated land.

For all other types of permitted development notwithstanding the GPDO, you still have a duty to ensure that: 

• the occupants of the development are adequately protected against environmental issues or emissions which exist in the area of the development; and
• those living or working nearby are adequately protected from environmental issues or emissions caused by the development or use thereof