Complaining about construction sites - Revision history

Designing Buildings at 08:00, 23 February 2021

2021-02-23T08:00:15Z

← Older revision		Revision as of 08:00, 23 February 2021
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	* Inconsiderate or anti-social behaviour on the part of the workforce.		* Inconsiderate or anti-social behaviour on the part of the workforce.
	* Condition of the surrounding roads.		* Condition of the surrounding roads.
−	* Congestion..	+	* Congestion.
	* Environmental concerns.		* Environmental concerns.
	* Obstruction of pedestrians.		* Obstruction of pedestrians.

Designing Buildings at 09:30, 28 September 2020

2020-09-28T09:30:28Z

← Older revision		Revision as of 09:30, 28 September 2020
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	* What hours are construction sites allowed to operate?		* What hours are construction sites allowed to operate?

−	[[Category:~~Health_and_safety_/_CDM~~]] [[Category:~~Regulations~~]] [[Category:~~DCN_Regulation~~]] [[Category:Public_procedures]]	+	[[Category:DCN_Case_Law]] [[Category:DCN_Guidance]] [[Category:DCN_Policy]] [[Category:Health_and_safety_/_CDM]] [[Category:Regulations]] [[Category:Public_procedures]]

Designing Buildings at 10:14, 12 December 2018

2018-12-12T10:14:05Z

← Older revision		Revision as of 10:14, 12 December 2018
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	* Careful sub-contractor management.		* Careful sub-contractor management.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Code of construction practice.		* Code of construction practice.
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	* Noise nuisance.		* Noise nuisance.
	* Nuisance in construction.		* Nuisance in construction.
		+	* Quiet period.
	* Site inspections.		* Site inspections.
	* Site rules.		* Site rules.
	* What hours are construction sites allowed to operate?		* What hours are construction sites allowed to operate?

−	[[Category:Health_and_safety_/_CDM]] [[Category:Regulations]] [[Category:Public_procedures]]	+	[[Category:Health_and_safety_/_CDM]] [[Category:Regulations]] [[Category:DCN_Regulation]] [[Category:Public_procedures]]

Designing Buildings at 10:03, 12 December 2018

2018-12-12T10:03:22Z

← Older revision		Revision as of 10:03, 12 December 2018
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===

		+	* Code of construction practice.
	* Considerate Constructors Scheme.		* Considerate Constructors Scheme.
	* Damage caused by construction works.		* Damage caused by construction works.

Editor at 12:10, 6 March 2017

2017-03-06T12:10:49Z

← Older revision		Revision as of 12:10, 6 March 2017
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	* Considerate Constructors Scheme.		* Considerate Constructors Scheme.
		+	* Damage caused by construction works.
	* Environmental health.		* Environmental health.
	* Environmental impact assessment.		* Environmental impact assessment.

Designing Buildings at 14:26, 27 February 2017

2017-02-27T14:26:05Z

← Older revision		Revision as of 14:26, 27 February 2017
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	In general, noise nuisance is treated as an environmental health issue, dealt with by the local council. Complaints can be made in confidence to the environmental health department of a local authority. The complainant may be required to provide a statement and attend court to give evidence should there be legal action.		In general, noise nuisance is treated as an environmental health issue, dealt with by the local council. Complaints can be made in confidence to the environmental health department of a local authority. The complainant may be required to provide a statement and attend court to give evidence should there be legal action.

−	Councils can serve a Section 60 Prohibition Notice under the Control of Pollution Act 1974, specifying limits on noise levels, the plant or machinery that is allowable, ~~the work~~ hours, and the steps ~~necessary~~ to ~~minimise noise~~. If the site fails to comply with this notice then they can be liable for prosecution and fined an unlimited amount, accumulating with each day of failure to comply.	+	Councils can serve a Section 60 Prohibition Notice under the Control of Pollution Act 1974, specifying limits on noise levels, the plant or machinery that is allowable, working hours, and the steps to remedy problems. If the site fails to comply with this notice then they can be liable for prosecution and fined an unlimited amount, accumulating with each day of failure to comply.

	== The police ==		== The police ==

Designing Buildings at 14:24, 27 February 2017

2017-02-27T14:24:43Z

← Older revision		Revision as of 14:24, 27 February 2017
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	In general, noise nuisance is treated as an environmental health issue, dealt with by the local council. Complaints can be made in confidence to the environmental health department of a local authority. The complainant may be required to provide a statement and attend court to give evidence should there be legal action.		In general, noise nuisance is treated as an environmental health issue, dealt with by the local council. Complaints can be made in confidence to the environmental health department of a local authority. The complainant may be required to provide a statement and attend court to give evidence should there be legal action.

−	Councils can serve a ~~notice on construction works~~, ~~which instructs them how to proceed in order to avoid a potential statutory noise nuisance. This notice can specify~~ limits on noise levels, the plant or machinery that is allowable, the work hours, and the steps necessary to minimise noise.	+	Councils can serve a Section 60 Prohibition Notice under the Control of Pollution Act 1974, specifying limits on noise levels, the plant or machinery that is allowable, the work hours, and the steps necessary to minimise noise. If the site fails to comply with this notice then they can be liable for prosecution and fined an unlimited amount, accumulating with each day of failure to comply.
−		+
−	If the site fails to comply with this notice then they can be liable for prosecution and fined an unlimited amount ~~which accumulate~~ with each day of failure to comply.	+

	== The police ==		== The police ==

Designing Buildings at 14:19, 27 February 2017

2017-02-27T14:19:56Z

← Older revision		Revision as of 14:19, 27 February 2017
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	The Scheme can attempt to mediate between the parties until a resolution has been reached. In the event that the site or company still fails to adequately deal with the problem, then they will be removed from the Scheme.		The Scheme can attempt to mediate between the parties until a resolution has been reached. In the event that the site or company still fails to adequately deal with the problem, then they will be removed from the Scheme.
		+
		+	=== Health and Safety Executive ===
		+
		+	If there are concerns about health and safety on a construction site, these can be raised with the Health and Safety Executive (HSE).

	= Avoiding complaints =		= Avoiding complaints =

Designing Buildings at 14:15, 27 February 2017

2017-02-27T14:15:30Z

← Older revision		Revision as of 14:15, 27 February 2017
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	Construction sites are often located in close proximity to existing residential or commercial properties, which can be negatively impacted by the works.		Construction sites are often located in close proximity to existing residential or commercial properties, which can be negatively impacted by the works.

−	Such issues can include ~~the following~~:	+	Such issues can include:

	* Noise outside reasonable working hours.		* Noise outside reasonable working hours.
	* Dirt and dust.		* Dirt and dust.
	* Parking obstruction.		* Parking obstruction.
−	* ~~Inadequate levels of safety~~.	+	* Safety or environmental issues.
	* Inconsiderate or anti-social behaviour on the part of the workforce.		* Inconsiderate or anti-social behaviour on the part of the workforce.
−	* Condition of the surrounding ~~road and congestion caused by plant and equipment~~.	+	* Condition of the surrounding roads.
		+	* Congestion..
	* Environmental concerns.		* Environmental concerns.
	* Obstruction of pedestrians.		* Obstruction of pedestrians.
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	Generally, the inconvenience of a construction site will be tolerated because it is temporary, however, issues arising from the work can sometimes be a cause for complaint.		Generally, the inconvenience of a construction site will be tolerated because it is temporary, however, issues arising from the work can sometimes be a cause for complaint.
		+
		+	= Controls =
		+
		+	Generally, the conditions under which construction sites are allowed to operate is determined by the local authority, in accordance with the Control of Pollution Act, and conditions can be applied to planning permissions in accordance with the Town and Country Planning Act. This might include, for example, the hours that a construction site is allowed to operate, or is allowed to undertake noisy activities.
		+
		+	The local authority may also set limits on the amount of noise or vibration that a construction site is permitted to generate and monitoring may be undertaken to ensure that these are not exceeded.
		+
		+	In addition, there may be a requirement to comply with BS 5228 Code of Practice for Noise and Vibration Control on Construction and Open Sites, and the Control of Noise at Work Regulations limit the exposure of workers to noise (this is enforced by the Health and Safety Executive).

	= Making complaints =		= Making complaints =

		+	== The contractor ==
		+
		+	In the first instance, it can be beneficial to complain to the contractor themselves, as they may be unaware of the problems they are creating. Some contractors, in particular on large projects, will have a dedicated helpline that neighbours can call. Alternatively, it may be possible to contact the landowner or client for the works.
		+
		+	== The local authority ==
		+
		+	In general, noise nuisance is treated as an environmental health issue, dealt with by the local council. Complaints can be made in confidence to the environmental health department of a local authority. The complainant may be required to provide a statement and attend court to give evidence should there be legal action.

		+	Councils can serve a notice on construction works, which instructs them how to proceed in order to avoid a potential statutory noise nuisance. This notice can specify limits on noise levels, the plant or machinery that is allowable, the work hours, and the steps necessary to minimise noise.

−	~~In general, noise nuisance is treated as an environmental health issue, and is handled by the local council.~~ If the ~~noise amounts~~ to ~~a breach of the peace, or there is threatening and/or anti-social behaviour,~~ then ~~a complaint of this nature~~ can be ~~dealt~~ with ~~by the police~~.	+	If the site fails to comply with this notice then they can be liable for prosecution and fined an unlimited amount which accumulate with each day of failure to comply.

−	Complaints can be made in confidence to the environmental health department of a local authority. However, the complainant may be required to provide a statement and attend court to give evidence should the council decide to proceed with legal action.	+	== The police ==

−	~~Councils can serve a notice on construction works, which instructs them on how they should proceed in order~~ to ~~avoid~~ a ~~potential statutory noise nuisance. This notice can specify~~ the ~~noise level~~, ~~the plant~~ or ~~machinery that~~ is ~~allowable~~, the ~~work hours, and the steps necessary to minimise noise~~.	+	If noise amounts to a breach of the peace, or there is threatening and/or anti-social behaviour, then a complaint can be made to the police.

−	~~If the site fails to comply with this notice then they can be liable for prosecution and lined an unlimited amount which accumulate with each day of failure to comply.~~	+	== The Considerate Constructors Scheme ==

−	Sites ~~and~~ companies that are registered with the Considerate Constructors Scheme will display their contact details on posters, hoardings, banners, and so on. Complaints about a registered site can be made to the Scheme. If the complaint is relevant to the Scheme’s Code of Considerate Practice, then the company will be informed about the complaint and advice offered about resolving it.	+	Sites or companies that are registered with the Considerate Constructors Scheme will display their contact details on posters, hoardings, banners, and so on. Complaints about a registered site can be made to the Scheme. If the complaint is relevant to the Scheme’s Code of Considerate Practice, then the company will be informed about the complaint and advice offered about resolving it.

	The Scheme will monitor the complaint until they are satisfied that the Code is being followed by the site. If the site or company do not deal with the complaint satisfactorily, then it will be passed to the Scheme’s Chief Executive who will escalate the matter to the company’s head office and director level if necessary.		The Scheme will monitor the complaint until they are satisfied that the Code is being followed by the site. If the site or company do not deal with the complaint satisfactorily, then it will be passed to the Scheme’s Chief Executive who will escalate the matter to the company’s head office and director level if necessary.

Designing Buildings at 14:03, 27 February 2017

2017-02-27T14:03:31Z

← Older revision		Revision as of 14:03, 27 February 2017
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−	~~It is often the case that construction~~ sites are located in close proximity to existing residential ~~and~~ commercial properties, which can be negatively impacted by the works~~. Generally, the inconvenience of a construction site will be tolerated due to it being temporary, however, issues arising from the work can sometimes be a cause for complaint~~.	+	= Introduction =
		+
		+	Construction sites are often located in close proximity to existing residential or commercial properties, which can be negatively impacted by the works.

	Such issues can include the following:		Such issues can include the following:
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	* Inappropriate site lighting.		* Inappropriate site lighting.
	* Inappropriate working hours.		* Inappropriate working hours.
		+
		+	However, construction is a necessary activity and in the case of Andreae v. Selfridge & Co. Limited (1958) Sir Wilfred Green MR suggested that ‘...in respect of operations of this character, such as demolition and building, if they are reasonably carried on and all proper and reasonable steps are taken to ensure that no undue inconvenience is caused to neighbours, whether from noise, dust, or other reasons, the neighbours must put up with it.’
		+
		+	Generally, the inconvenience of a construction site will be tolerated because it is temporary, however, issues arising from the work can sometimes be a cause for complaint.
		+
		+	= Making complaints =
		+
		+

	In general, noise nuisance is treated as an environmental health issue, and is handled by the local council. If the noise amounts to a breach of the peace, or there is threatening and/or anti-social behaviour, then a complaint of this nature can be dealt with by the police.		In general, noise nuisance is treated as an environmental health issue, and is handled by the local council. If the noise amounts to a breach of the peace, or there is threatening and/or anti-social behaviour, then a complaint of this nature can be dealt with by the police.
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	The Scheme can attempt to mediate between the parties until a resolution has been reached. In the event that the site or company still fails to adequately deal with the problem, then they will be removed from the Scheme.		The Scheme can attempt to mediate between the parties until a resolution has been reached. In the event that the site or company still fails to adequately deal with the problem, then they will be removed from the Scheme.
		+
		+	= Avoiding complaints =
		+
		+	Reasonable precautions that might be taken by contractors to reduce or avoid complaints might include:
		+
		+	* Keeping neighbours informed.
		+	* Providing a help line so that problems can be reported.
		+	* Only working at reasonable times and restricting noisy activities to particular periods.
		+	* Storing fine materials under cover.
		+	* Damping fine materials and roadways.
		+	* Minimising demolition or crushing dust.
		+	* Washing down vehicles.
		+	* Taking care when deciding transport routes.
		+	* Providing hard-surfaced roadways.
		+	* Proper waste management and avoiding burning waste materials.
		+	* Limiting vibration.
		+	* Use well-maintained, quiet machinery.
		+	* Careful sub-contractor management.

	= Find out more =		= Find out more =