Guide
Section 60 notice or Section 61 consent: what is the difference?
Section 61 · Updated
Short answer
A section 60 notice is served by the council on the person carrying out, or going to carry out, works, and sets requirements for how they are done (sections 60(2) and (5)). A section 61 consent is something a person who intends to carry out the works applies for, and the council can attach conditions to it (section 61(1) and (5)). 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)).
The two side by side
| Topic | Section 60 notice | Section 61 consent |
|---|---|---|
| Who starts it | The council, when it appears to it that works are being or are going to be carried out (section 60(2)). | The person who intends to carry out the works, by applying (section 61(1)). |
| What it does | Imposes requirements on the way the works are carried out (section 60(2)). | The council consents to the application and can attach conditions (section 61(4), section 61(5)). |
| What it can cover | Among other things, plant or machinery to be used or not used, the hours of work, and the level of noise that may be emitted (section 60(3)). | Any conditions, a limit or qualification for a change in circumstances, and a limit on how long it lasts (section 61(5)). |
| Who gets it | The person who appears to be carrying out, or going to carry out, the works, and other people who appear to be responsible for or in control of them, as the council thinks fit (section 60(5)). | The applicant is told the decision (section 61(6)). |
| Appeal | To a magistrates' court (in Scotland, the sheriff: section 106(6)) within 21 days from service (section 60(7)). | To a magistrates' court (in Scotland, the sheriff) within 21 days from the end of the council's 28 days, if it has not consented in that time or consents with a condition, a limit or a qualification (section 61(7)). |
| Offence | A person served with the notice who, without reasonable excuse, breaks a requirement of it (section 60(8)). | Knowingly carrying out the works, or letting them be carried out, in breach of a condition (section 61(5)). Also, an applicant who does not take all reasonable steps to tell someone else carrying out the works about the consent (section 61(10)). |
How they fit together
A council does not need an application before it can serve a section 60 notice. Section 60(2) asks only that it appears to the council that the works are being, or are going to be, carried out (section 60(2)).
A consent works the other way round. The council must give it if it considers that the application has sufficient information and that it would not serve a section 60 notice on the works carried out as the application says (section 61(4)). In acting under section 61, the council has regard to the same matters as in section 60(4) (section 61(5)).
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)).
If you have been served a notice
The time to appeal to a magistrates' court (in Scotland, the sheriff) is 21 days from the service of the notice (section 60(7)). A notice may also say how long you have to comply, and may require work to be done or other steps to be taken (section 60(6)). Get advice straight away.
Related guides
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 60: Control of noise on construction sites
- Control of Pollution Act 1974, section 61: Prior consent for work on construction sites
- 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.
The legislation cited was read on legislation.gov.uk on 26 October 2026.
This is guidance, not legal advice. Check with the council.