What is a Section 61 consent?

What the Act says

Section 61 of the Control of Pollution Act 1974 is headed “Prior consent for work on construction sites”. It says a person who intends to carry out works to which section 60 applies “may apply to the local authority for a consent” (section 61(1)). Section 60 covers building, road and engineering works, demolition and dredging, and the next guide lists them: Do you need Section 61 consent for construction works?

The council must give its consent if it considers that the application contains sufficient information, and that it would not serve a notice under section 60 on the works if they are carried out as the application says (section 61(4)).

A consent can come with conditions. The council can also limit or qualify a consent to allow for a change in circumstances, and limit how long it lasts (section 61(5)). Knowingly carrying out the works, or letting them be carried out, in breach of a condition is an offence (section 61(5)).

If someone other than the applicant carries out the works, the applicant must take all reasonable steps to bring the consent to that person's notice. Failing to do so is an offence (section 61(10)).

What a consent gives you

An offence under section 60(8) is committed by a person on whom a section 60 notice is served who, without reasonable excuse, breaks a requirement of it. In proceedings for it, the Act makes it a defence to prove that the alleged breach amounted to carrying out the works in line with a consent (section 61(8), section 60(8)). A section 60 notice is how the council uses its own power to set requirements for how works are carried out: see Section 60 notice or Section 61 consent: what is the difference?

A consent can also count when a council prosecutes for breaking a noise abatement notice. Where the notice requires the abatement of a noise nuisance from premises, or from a vehicle, machinery or equipment in a street or road, or prohibits or restricts it, it is a defence to prove “that the alleged offence was covered by a notice served under section 60 or a consent given under section 61” of the Control of Pollution Act 1974 (Environmental Protection Act 1990, section 80(9)(a)).

A consent is not a defence to everything. The Act requires each consent 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.

Who gives a consent

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

Where it applies

Sections 60 and 61 are marked on legislation.gov.uk as extending to England, Wales and Scotland. Acts and orders for some large projects change how sections 60 and 61 apply to their works, so check the one for yours. Ask your council how it handles applications.

Related guides

• Do you need Section 61 consent for construction works?
• How do you apply for Section 61 consent?
• Section 60 notice or Section 61 consent: what is the difference?

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 73: Interpretation and other supplementary provisions
• 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.

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