Reference

Frequently asked questions about Section 61

Section 61 · Updated 26 October 2026

In short

These are short answers to common questions about Section 61 consent. Each one comes from a guide on this site, which gives the detail and the source. Where an answer rests on the Act, it names the section.

Questions and answers

What is a Section 61 consent?

It is the consent a local council gives, under section 61 of the Control of Pollution Act 1974, to an application to carry out construction works. The application sets out the works, how they will be carried out and the steps proposed to minimise noise (section 61(1), (3) and (4)).

Do I have to apply for Section 61 consent?

Not under section 61. Section 61(1) says you “may apply”. A council can still serve a section 60 notice on the person carrying out, or going to carry out, the works. If you are prosecuted for breaking it, it is a defence to prove that the alleged breach amounted to carrying out the works in line with a consent (section 61(1), sections 60(2) and (5), section 61(8)).

Who do I apply to?

To the local authority. The Act defines that for England as the council of a district or a London borough (it names the City of London and the two Temples as well), and for Wales as the council of a county or a county borough (section 61(1), section 73(1)). For Scotland, the Act's text says an islands or district council, so ask your council.

What must the application contain?

Details of the works and the method by which they are to be carried out, and of the steps proposed to be taken to minimise noise resulting from the works. For this part of the Act, noise includes vibration (section 61(3), section 73(1)).

How long does the council have to decide?

The council must tell you its decision within 28 days from receiving the application (section 61(6)).

What if the council has not consented in 28 days?

You may appeal to a magistrates' court (in Scotland, the sheriff: section 106(6)) within 21 days from the end of the 28-day period (section 61(7)). Section 61 does not treat a missing reply as a consent.

Can I appeal if the council attaches conditions?

Yes. If the council gives its consent within the 28 days but attaches a condition, or limits or qualifies the consent in any way, you may appeal to a magistrates' court (in Scotland, the sheriff: section 106(6)) within 21 days from the end of the 28-day period (section 61(7)).

What is the difference between a section 60 notice and a section 61 consent?

A council serves a section 60 notice on the person carrying out, or going to carry out, works, to set requirements for how they are done (sections 60(2) and (5)). You apply for a section 61 consent (section 61(1)). If you are prosecuted for breaking a section 60 notice, it is a defence to prove that the alleged breach amounted to carrying out the works in line with a consent (section 61(8)).

What are best practicable means?

“Practicable” means reasonably practicable, having regard among other things to local conditions and circumstances, the current state of technical knowledge and the financial implications (section 72(2)). A council deciding an application has regard to the need to ensure that best practicable means are employed to minimise noise (section 60(4)(b), section 61(5)).

Does a consent protect me from every complaint?

No. If you are prosecuted for breaking a section 60 notice, it is a defence to prove that the alleged breach amounted to carrying out the works in line with a consent (section 61(8)). A consent can also be a defence to some prosecutions for breaking a noise abatement notice (Environmental Protection Act 1990, section 80(9)(a)). Each consent has to say that it does not, of itself, give a defence to proceedings under section 82 of the Environmental Protection Act 1990 (section 61(9)). Acts and orders made for some projects, such as many development consent orders, say that subsection (9) does not apply to consents for their works. The notes on section 61 at legislation.gov.uk list them.

Do I have to tell residents about the works?

Sections 60 and 61 do not say you must. A council can attach any conditions to a consent (section 61(5)), and some councils' own codes ask for it. BS 5228-1 suggests keeping the people near the site informed of progress (clause 4). The platform's own guidance on letters, and when they go, is in the guide to telling residents.

Does the platform send my application to the council?Platform guidance

No. The platform prepares the application and the evidence behind it. You check it, sign it and send it to your council yourself.

Start an application

The Section 61 platform prepares an application and the evidence behind it. You check it and send it to your council yourself. Start an application.

Sources

Control of Pollution Act 1974, section 61: Prior consent for work on construction sites
Control of Pollution Act 1974, section 60: Control of noise on construction sites
Control of Pollution Act 1974, section 72: “Best practicable means”
Control of Pollution Act 1974, section 73: Interpretation and other supplementary provisions
Control of Pollution Act 1974, section 106: General application to ScotlandSubsection (6): in Scotland, a reference to a magistrates' court is a reference to the sheriff.
Environmental Protection Act 1990, section 80: Summary proceedings for statutory nuisancesSubsection (9)(a): a consent under section 61 of the 1974 Act can be a defence to some prosecutions for breaking a noise abatement notice.
BS 5228-1:2009+A1:2014, Code of practice for noise and vibration control on construction and open sites, Part 1: Noise (British Standards Institution)A paid standard. These guides describe its method in words and copy none of its tables or limit values.
Royal Borough of Kensington and Chelsea, Code of Construction Practice: summary (October 2024)One council's requirements, given as an example.
The Section 61 platformWhere a guide describes what the platform does or suggests, it says so. Those are the platform's own choices, not law.

The legislation cited was read on legislation.gov.uk on 26 October 2026.

This is guidance, not legal advice. Check with the council.