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Statutory Instruments

2006 No. 2238

environmental protection, england

The Environmental Noise (England) Regulations 2006

Made

8th August 2006

Laid before Parliament

7th September 2006

Coming into force

1st October 2006

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the assessment, management and control of environmental noise. The Secretary of State makes these Regulations in exercise of the powers conferred by that section.

PART 1GENERAL

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Environmental Noise (England) Regulations 2006 and shall come into force on 1st October 2006.

(2) These Regulations apply in England.

(3) Nothing in paragraph (2) means that strategic noise maps made or revised under these Regulations must be limited to England.

(4) These Regulations apply to environmental noise to which humans are exposed in particular in built-up areas, in public parks or other quiet areas in an agglomeration, near schools, hospitals and other noise-sensitive buildings and areas.

(5) These Regulations do not apply to noise that is caused by the exposed person himself, noise from domestic activities, noise created by neighbours, noise at work places or noise inside means of transport or due to military activities in military areas.

Interpretation

2.—(1) Unless otherwise defined in these Regulations, words and terms used in these Regulations and in the Directive have the same meaning as in the Directive.

(2) In these Regulations—

agglomeration” means an area identified as an agglomeration pursuant to regulation 3;

airport operator” means the person for the time being having, in relation to a particular airport, the management of that airport;

calendar year” means a period of a year beginning on 1st January;

consolidated noise map” means a noise map compiled pursuant to regulation 14(1) ;

“dB(A)” is a measure of sound pressure level (“A” weighted) in decibels as specified in British Standard BS EN 61672-2: 2003 ;

DEFRA” means the Department for Environment Food and Rural Affairs;

designated” when used in relation to any airport means designated under section 80 for the purposes of section 78 of the Civil Aviation Act 1982 ;

the Directive” means Directive2002/49/EC of the European Parliament and of the Council relating to the assessment and management of environmental noise, as last amended by CommissionDirective (EU) 2015/996

first round agglomeration” means an area identified as a first round agglomeration pursuant to regulation 3;

first round major railway” means a railway which is identified as a first round major railway pursuant to regulation 3;

first round major road” means a road which is identified as a first round major road pursuant to regulation 3;

in the form of regulations” means in the form of regulations made under section 2(2) of the European Communities Act 1972;

“Lday” covers the period 07:00 – 19:00 hours in any 24 hour period;

“Levening” covers the period 19:00 – 23:00 hours in any 24 hour period;

“Lnight” covers the period 23:00 – 07:00 hours in any 24 hour period;

major airport” means an airport identified as a major airport pursuant to regulation 3;

major railway” means a railway which is identified as a major railway pursuant to regulation 3;

major road” means a road which is identified as a major road pursuant to regulation 3;

motorway” means a special road which (save as otherwise provided by or under regulations made under section 17 of the Road Traffic Regulation Act 1984) can be used by traffic only of Class I or II as specified in Schedule 4 to the Highways Act 1980 ;

non-designated” when used in relation to an airport means not designated under section 80 for the purposes of section 78 of the Civil Aviation Act 1982;

principal or classified road” means a road which is known as—

(a)

a principal road;

(b)

a classified road; or

(c)

both a principal road and a classified road,

by virtue of section 12 of the Highways Act 1980(whether by falling within subsection (1), or being classified under subsection (3));

quiet area in an agglomeration” means an area which is identified as a quiet area in an agglomeration in accordance with regulation 13;

special road” has the same meaning as in section 329(1) of the Highways Act 1980;

supplementary noise indicator” has the meaning given in regulation 4(6); and

trunk road” means any highway for which the Secretary of State or a strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015 is the relevant highway authority.

(3)In these Regulations, any reference to Annex I , 2 or VI or paragraph 7 of Annex IV of the Directive is to be construed as a reference to that Annex or paragraph of the Directiveas it had effect immediately before IP completion day.

(4)For the purposes of these Regulations, the Directive is to be read as if a reference to one or more member States were a reference to the Secretary of State.

Identification of noise sources

3.—(1) No later than 31st December 2006 the Secretary of State must, in the form of regulations, identify all—

(a)first round agglomerations;

(b)first round major roads;

(c)first round major railways; and

(d)major airports.

(2) No later than 31st December 2011 the Secretary of State must publish maps identifying all

(a)agglomerations;

(b)major roads;

(c)major railways; and

(d)major airports.

(3) In any relevant year the Secretary of State must publish maps identifying

(a)agglomerations;

(b)major roads;

(c)major railways; or

(d)major airports,

as necessary if he considers that the most recent maps published pursuant to paragraph (2) are no longer appropriate.

(4) In paragraph (3) “relevant year” means 2016 and every fifth year thereafter.

(5) When discharging his duty under paragraph (1)(a) to identify first round agglomerations the Secretary of State must identify areas—

(a)having a population in excess of 250,000 persons and a population density equal to or greater than 500 people per km2; and

(b)which he considers to be urbanised.

(6) When discharging his duty under paragraph (2)(a) or (3)(a) to identify agglomerations the Secretary of State must identify areas—

(a)having a population in excess of 100,000 persons and a population density equal to or greater than 500 people per km2; and

(b)which he considers to be urbanised.

(7) When discharging his duty under paragraph (1)(b) to identify first round major roads the Secretary of State must identify roads which—

(a)are—

(i)trunk roads,

(ii)motorways that are not trunk roads, or

(iii)principal or classified roads;

(b)have more than six million vehicle passages a year; and

(c)he considers to be regional, national or international.

(8) When discharging his duty under paragraph (2)(b) or (3)(b) to identify major roads the Secretary of State must identify roads which—

(a)are—

(i)trunk roads,

(ii)motorways that are not trunk roads, or

(iii)principal or classified roads;

(b)have more than three million vehicle passages a year; and

(c)he considers to be regional, national or international.

(9) When discharging his duty under paragraph (1)(c) to identify first round major railways the Secretary of State must identify railways which have more than 60,000 train passages per year.

(10) When discharging his duty under paragraph (2)(c) or (3)(c) to identify major railways the Secretary of State must identify railways which have more than 30,000 train passages per year.

(11) When discharging his duty under paragraph (1)(d), (2)(d) or (3)(d) to identify major airports the Secretary of State must identify civil airports which have more than 50,000 movements per year (a movement being a take-off or a landing), excluding those purely for training purposes on light aircraft.

PART 2STRATEGIC NOISE MAPS

CHAPTER 1GENERAL REQUIREMENTS FOR STRATEGIC NOISE MAPS

Strategic noise maps: general requirements

4.—(1) Any strategic noise map made or revised under this Part must satisfy the applicable requirements in Schedule 1.

(2) A competent authority under regulation 6 or 10 must apply—

(a)the noise indicators Lden and Lnight as referred to in Annex I of the Directive; and

(b)the supplementary noise indicators,

when making or revising strategic noise maps under this Part.

(2A)For the purposes of paragraph (2)(a), a reference to Annex 1 of the Directive is to be read as if, in paragraph 1, in the fourth indent that begins “the day is 12 hours”, the words from “The Member” to the end were omitted.

(3) The values of Lden, Lnight and the supplementary noise indicators must be determined by computation (at the assessment position) and by means of the assessment methods set out in Annex 2 to the Directive .

(3A)In paragraph (3), “assessment position” means the assessment height in paragraph 7 of Annex 4 to the Directive.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Supplementary noise indicator” means a noise indicator as defined in Schedule 3.

CHAPTER 2STRATEGIC NOISE MAPS – NOISE SOURCES OTHER THAN NON-DESIGNATED AIRPORTS

Application

5. This Chapter does not apply to noise from non-designated airports.

Competent Authority

6. The competent authority for this Chapter is the Secretary of State.

Duty to make, review and revise strategic noise maps

7.—(1) No later than 30th June 2007 the competent authority must make and, in accordance with regulation 23, adopt strategic noise maps showing the situation in the preceding calendar year for all—

(a)first round agglomerations;

(b)first round major roads;

(c)first round major railways; and

(d)major airports.

(2) No later than 30th June 2012, and thereafter every five years, the competent authority must make and, in accordance with regulation 23, adopt strategic noise maps showing the situation in the preceding calendar year for all—

(a)agglomerations;

(b)major roads;

(c)major railways; and

(d)major airports.

(3) From time to time, and whenever a major development occurs affecting the existing noise situation, the competent authority must—

(a)review; and

(b)if necessary revise,

any strategic noise map made pursuant to paragraphs (1) or (2) and adopted pursuant to regulation 23.

CHAPTER 3STRATEGIC NOISE MAPS – NON-DESIGNATED AIRPORTS

Application

8. This Chapter applies to noise from non-designated airports.

Interpretation

9.—(1) In this Chapter—

input data” means all the data and related information used to produce the numerical data in electronic form required by paragraph 3(2)(b) or 4(2)(b) (as appropriate) of Schedule 1;

metadata” means such elements of Section 2 of the “SPIRE Data Standard, Version 1.0” (DEFRA, 25th November 2004) as are required to describe the—

(a)

input data; and

(b)

information and data required by paragraph 3(2) or 4(2) (as appropriate) of Schedule 1.

(2) Any requirement in this Chapter to submit input data to a competent authority is a requirement to submit that input data in a format that—

(a)is electronic;

(b)allows electronic manipulation; and

(c)does not require manipulation in order to reproduce the numerical data in electronic form required by paragraph 3(2)(b) or 4(2)(b) (as appropriate) of Schedule 1.

Competent Authority

10. The competent authority for this Chapter is the airport operator.

Duty to make, review and revise strategic noise maps: non-designated major airports

11.—(1) This regulation applies to non-designatedmajor airports.

(2) No later than 31st March 2007, and thereafter every five years, the competent authority must—

(a)make a strategic noise map showing the situation in the preceding calendar year for the airport; and

(b)submit that map with input data and metadata to the Secretary of State.

(3) From time to time, and whenever a major development occurs affecting the existing noise situation, the competent authority must—

(a)review; and

(b)if necessary revise,

any strategic noise map made pursuant to paragraph (2) and adopted pursuant to regulation 23.

(4) The competent authority must submit any strategic noise map revised pursuant to paragraph (3)(b), with input data and metadata, to the Secretary of State within three working days of its revision.

Duty to make, review and revise strategic noise maps: non-designated other airports

12.—(1) This regulation applies to non-designated other airports.

(2) No later than 31st March 2007 the competent authority must—

(a)make a strategic noise map showing the situation in the preceding calendar year for any relevant first round agglomeration; and

(b)submit that map with input data and metadata to the Secretary of State.

(3) No later than 31st March 2012, and thereafter every five years, the competent authority must—

(a)make a strategic noise map showing the situation in the preceding calendar year for any relevant agglomeration; and

(b)submit that map with input data and metadata to the Secretary of State.

(4) From time to time, and whenever a major development occurs affecting the existing noise situation, the competent authority must—

(a)review; and

(b)if necessary revise,

any strategic noise map made pursuant to paragraphs (2) or (3) and adopted pursuant to regulation 23.

(5) The competent authority must submit any strategic noise map revised pursuant to paragraph (4)(b), with input data and metadata, to the Secretary of State within three working days of its revision.

(6) In this regulation—

relevant first round agglomeration” means a first round agglomeration in which air traffic from the airport results in air traffic noise of—

(a)

an Lden value of 55 dB(A) or greater; or

(b)

an Lnight value of 50 dB(A) or greater,

anywhere within the first round agglomeration;

relevant agglomeration” means an agglomeration in which air traffic from the airport results in air traffic noise of—

(a)

an Lden value of 55 dB(A) or greater; or

(b)

an Lnight value of 50 dB(A) or greater,

anywhere within the agglomeration.

PART 3QUIET AREAS

Identification of quiet areas

13.—(1)The Secretary of State must identify —

(a)quiet areas in first round agglomerations; and

(b)quiet areas in agglomerations,

in such published form as the Secretary of State considers appropriate.

(2)The Secretary of State must—

(a)keep the identification of quiet areas in first round agglomerations and agglomerations under review; and

(b)make revisions, where the Secretary of State considers it appropriate.

PART 4ACTION PLANS

CHAPTER 1GENERAL

Consolidated noise maps

14.—(1)The Secretary of State may compile a consolidated noise map in respect of any area covered by more than one strategic noise map.

(2)In this regulation, “strategic noise map” means a strategic noise map

(a)made or revised pursuant to regulation 7, 11 or 12; and

(b)adopted pursuant to regulation 23.

Duty to publish criteria or limit values

14A.—(1)The Secretary of State must set out limit values or other criteria for the identification of priorities for action plans (“relevant criteria”) in such published form as the Secretary of State considers appropriate.

(2)The Secretary of State must keep the relevant criteria under review and, where the Secretary of State considers it appropriate, make revisions.

Action plans: general requirements

15.—(1) Any action plan drawn up or revised under this Part must—

(a)aim to prevent and reduce environmental noise where necessary and particularly where exposure levels can induce harmful effects on human health;

(aa)aim to preserve environmental noise quality where it is good;

(b)be designed to manage noise issues and effects, including noise reduction if necessary;

(c)aim to protect quiet areas in first round agglomerations and agglomerations against an increase in noise;

(d)address priorities which must be identified by having regard to the relevant criteria;

(e)apply in particular to the most important areas as established by strategic noise maps adopted pursuant to regulation 23; and

(f)meet the requirements in Schedule 4.

(2) Paragraph (3) applies to—

(a)any action plan; and

(b)any revision of an action plan,

drawn up under this Part for a first round agglomeration or an agglomeration.

(3) An action plan and any revision of an action plan must be based upon and apply in particular to the most important areas as established by—

(a)all strategic noise maps that—

(i)are made or revised pursuant to regulation 7, 11 or 12 and adopted pursuant to regulation 23, and

(ii)concern any part of the area addressed by the action plan; and

(b)a consolidated noise map to the extent that it concerns any part of the area addressed by the action plan.

CHAPTER 2ACTION PLANS – NOISE SOURCES OTHER THAN AIRPORTS

Competent Authority

16. The competent authority for this Chapter is the Secretary of State.

Duty to draw up, review and revise action plans

17.—(1) No later than 18th July 2008 the competent authority must draw up action plans for—

(a)places near first round major roads;

(b)places near first round major railways; and

(c)first round agglomerations.

(2) No later than 18th July 2013 the competent authority must draw up action plans for—

(a)places near major roads;

(b)places near major railways; and

(c)agglomerations.

(3) Paragraph (4) applies—

(a)whenever a major development occurs affecting the existing noise situation; and

(b)at least every five years after the date on which an action plan is adopted pursuant to regulation 24.

(4) The competent authority must—

(a)review; and

(b)if necessary revise,

the action plan.

CHAPTER 3ACTION PLANS – AIRPORTS

Competent authority

18. This Chapter applies to—

(a)major airports; and

(b)non-designated other airports if aircraft noise results in an Lden value of 55 dB(A) or greater or an Lnight value of 50 dB(A) or greater anywhere in first round agglomerations or agglomerations,

and the competent authority is the airport operator.

Duty to draw up, review and revise action plans

19.—(1) No later than 30th June 2008 the competent authority must—

(a)draw up an action plan for places near the airport; and

(b)submit that action plan to the Secretary of State.

(2) Paragraph (3) only applies if the competent authority was not required to draw up an action plan for the airport pursuant to paragraph (1) because it was not the competent authority on or before 30th June 2008.

(3) No later than 30th June 2013 the competent authority must—

(a)draw up an action plan for places near the airport; and

(b)submit that action plan to the Secretary of State.

(4) Paragraph (5) applies—

(a)whenever a major development occurs affecting the existing noise situation; and

(b)at least every five years after the date on which an action plan is adopted pursuant to regulation 24.

(5) The competent authority must—

(a)review; and

(b)if necessary revise,

the action plan.

(6) An action plan revised pursuant to paragraph (5)(b) must be submitted to the Secretary of State within three working days of its revision.

CHAPTER 4ACTION PLANS - PUBLIC PARTICIPATION

Public participation

20.—(1) In preparing and revising action plans the competent authorities under regulations 16 and18 must ensure that—

(a)the public is consulted about proposals for action plans;

(b)the public is given early and effective opportunities to participate in the preparation and review of the action plans;

(c)the results of that public participation are taken into account;

(d)the public is informed of the decisions taken; and

(e)reasonable time frames are provided allowing sufficient time for each stage of public participation.

CHAPTER 5IMPLEMENTATION OF ACTION PLANS

Implementation of action plans

21.—(1) Where an action plan or a revision of an action plan—

(a)has been adopted pursuant to regulation 24; and

(b)identifies a public authority as responsible for a particular action,

that public authority must treat the action plan as its policy insofar as it relates to that action.

(2) A public authority may depart from any policy mentioned in paragraph (1) if—

(a)it provides—

(i)the Secretary of State, and

(ii)the competent authority responsible for the preparation of the action plan or the revision (if not the Secretary of State),

with written reasons for departing from that policy; and

(b)it publishes those reasons.

(3) In this regulation “public authority” includes any person who exercises functions of a public nature, but does not include—

(a)either House of Parliament or a person exercising functions in connection with proceedings in Parliament;

(b)courts or tribunals; or

(c)the Secretary of State.

PART 5COOPERATION WITH EXTERNAL COMPETENT AUTHORITIES

Cooperation with external competent authorities

22.—(1) When necessary in order to meet its obligations under these Regulations, a competent authority must use all reasonable endeavours to secure the cooperation of an external competent authority.

(2) A competent authority—

(a)when requested to do so by an external competent authority; and

(b)if necessary to meet that external competent authority's obligations arising under relevant assimilated law ,

must cooperate with that external competent authority.

(3) In this Part “external competent authority” means a competent authority in Northern Ireland, Scotland or Wales designated for the purposes of the relevant assimilated law .

PART 6ADOPTION OF STRATEGIC NOISE MAPS AND ACTION PLANS

Adoption of strategic noise maps

23.—(1) If the Secretary of State considers that a strategic noise map—

(a)submitted to him pursuant to regulation 11 or 12;

(b)submitted to him pursuant to paragraph (4); or

(c)made or revised by him,

meets the requirements of regulation 4, he must adopt the map.

(2) If the Secretary of State considers that a strategic noise map submitted to him pursuant to regulation 11 or 12 or paragraph (4) does not meet the requirements of regulation 4 he may—

(a)amend and adopt the map; or

(b)reject the map.

(3) If a strategic noise map is rejected pursuant to paragraph (2)(b) the Secretary of State must notify the competent authority that submitted it of—

(a)the reasons why the map was not adopted; and

(b)the date by which the map must be revised and resubmitted.

(4) The recipient of a notification under paragraph (3) must submit the revised strategic noise map to the Secretary of State by the date specified in the notification.

(5) Paragraphs (1) to (4) apply to a revised strategic noise map as they apply to a strategic noise map submitted pursuant to regulation 11 or 12.

(6) If the Secretary of State amends—

(a)a strategic noise map; or

(b)a revised strategic noise map,

he must take such steps as he considers appropriate for ensuring that the map complies with the requirements of regulation 4.

Adoption of action plans

24.—(1) If the Secretary of State considers that an action plan—

(a)submitted to him pursuant to regulation 19(1)(b), 19(3)(b) or 19(6);

(b)submitted to him pursuant to paragraph (5); or

(c)drawn up or revised by him,

meets the requirements of regulation 15, he may adopt the action plan.

(2) Paragraph (3) applies if—

(a)the Secretary of State considers that an action plan submitted to him pursuant to regulation 19(1)(b), 19(3)(b) or 19(6) does not meet the requirements of regulation 15; or

(b)an action plan is not adopted pursuant to paragraph (1).

(3) Where this paragraph applies the Secretary of State must—

(a)amend and adopt the plan; or

(b)reject the plan.

(4) If an action plan is rejected pursuant to paragraph (3)(b) the Secretary of State must notify the competent authority that submitted it of—

(a)the reasons why the plan was not adopted; and

(b)the date by which the plan must be revised and resubmitted.

(5) The recipient of a notification under paragraph (4) must submit the revised action plan to the Secretary of State by the date specified in the notification.

(6) Paragraphs (1) to (5) apply to a revised action plan as they apply to an action plan submitted pursuant to regulation 19(1)(b), 19(3)(b) or 19(6).

(7) If the Secretary of State amends—

(a)an action plan; or

(b)a revised action plan,

he must take such steps as he considers appropriate for ensuring that the action plan complies with the requirements of these Regulations.

PART 7POWERS OF THE SECRETARY OF STATE IN RELATION TO THE FUNCTIONS OF OTHER COMPETENT AUTHORITIES

Application

25. This Part does not apply to any functions under these Regulations for which the Secretary of State is the competent authority.

Powers

26.—(1) The Secretary of State may at any time require a competent authority to provide information in relation to its functions under these Regulations.

(2) A request for information pursuant to paragraph (1)—

(a)must be made in writing;

(b)may specify the format in which information must be provided; and

(c)may specify the period of time within which a response must be received.

(3) If an authority receives a request pursuant to paragraph (1) it must respond—

(a)within the time period specified pursuant to paragraph (2)(c); or

(b)if no such period is specified, within fourteen days of receipt of the request.

(4) Paragraph (5) applies where—

(a)the Secretary of State has consulted the competent authority; and

(b)he considers that by reason of any act or omission, or any likely act or omission, by the competent authority—

(i)a requirement of these Regulations; ...

(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

is unlikely to be met.

(5) The Secretary of State may exercise such of the functions of the competent authority as he considers appropriate.

Recovery of expenses

27. Where the Secretary of State incurs expenses pursuant to—

(a)regulation 23(2);

(b)regulation 24(3); or

(c)regulation 26(5),

he may recover those expenses from the relevant competent authority as a civil debt.

Relevant competent authority

28. In regulation 27 “relevant competent authority” means—

(a)in relation to regulation 23(2), the competent authority that submitted the strategic noise map pursuant to regulation 11 or 12;

(b)in relation to regulation 24(3), the competent authority that submitted the action plan pursuant to regulation 19; and

(c)in relation to regulation 26(5), the competent authority whose functions the Secretary of State exercises pursuant to that regulation.

PART 8INFORMATION TO THE PUBLIC AND GUIDANCE

Availability of strategic noise maps, consolidated noise map and action plans

29.—(1) Any—

(a)strategic noise map that is made available to the public before it is adopted pursuant to regulation 23; or

(b)action plan that is made available to the public before it is adopted pursuant to regulation 24,

must include prominently displayed wording identifying it as a draft subject to adoption by the Secretary of State.

(2) Any—

(a)strategic noise map adopted pursuant to regulation 23;

(b)consolidated noise map compiled pursuant to regulation 14(1) ; or

(c)action plan adopted pursuant to regulation 24,

must be published by the Secretary of State and accompanied by a summary setting out the most important points.

Guidance

30.—(1)The Secretary of State may issue guidance to a competent authority with respect to the exercise of its functions under these Regulations.

(2)A competent authority, in exercising any of its functions under these Regulations, must have regard to guidance issued by the Secretary of State—

(a)under paragraph (1) of this regulation;

(b)under regulation 30 of these Regulations as it had effect at any time before 25th July 2009,

which is in force at the time the competent authority exercises the functions to which the guidance relates.

Ben Bradshaw

Parliamentary Under Secretary of State

Department for Environment Food and Rural Affairs

regulations 4 and 9

SCHEDULE 1MINIMUM REQUIREMENTS FOR STRATEGIC NOISE MAPPING

Interpretation

1.—(1) In this Schedule—

editable” means in a format that allows (without the need for manipulation) the electronic production of—

(a)

numerical data in tables, and

(b)

graphical plots,

to display the information described in paragraphs 1.5, 1.6, 1.7, 2.5, 2.6 and 2.7 of Annex VI of the Directive;

grid” means a grid of vector points which are—

(c)

at 10 metre by 10 metre intervals,

(d)

spatially referenced to the British National Grid reference system used by the Ordnance Survey as a pair of integers to show Eastings then Northings in metres from the origin, and

(e)

aligned with the 10 metre vertices of the British National Grid reference system used by the Ordnance Survey so that references finish with the number zero.

(2)For the purposes of sub-paragraph (1), the reference to paragraphs 1.5, 1.6 and 2.6 of Annex 6 of the Directive is to be read with the following modifications—

(a)in paragraphs 1.5 and 1.6, as if the reference in those paragraphs to “major roads”, “major railways” and “major airports” as defined in Article 3 of the Directive were to “major road”, “major railway” and “major airport” as defined in regulation 2(2) of these Regulations;

(b)in paragraphs 1.6 and 2.6, as if the words from “These data” to “Article 11(1).” were omitted.

General requirements for strategic noise maps

2.—(1) Strategic noise maps and their revisions must—

(a)satisfy the minimum requirements laid down in Annex IV of the Directive; and

(b)be clear and comprehensible.

(2) In applying paragraph (1)(a) any reference in Annex IV of the Directive to—

(a)Article 8 of the Directive shall be taken to be a reference to regulations 15, 17 and 19 of these Regulations;

(b)Article 9 of the Directive shall be taken to be a reference to regulation 29 of these Regulations.

(3)Further, in applying paragraph (1)(a) the following provisions of Annex 4 of the Directive are to be ignored—

(a)in paragraph 4, the first indent;

(b)in paragraph 5, the words from “concerning” to “Commission”;

(c)paragraph 9.

Requirements for strategic noise maps for agglomerations

3.—(1) This paragraph applies only to—

(a)a strategic noise map made under regulation 7(1)(a), 7(2)(a), 12(1) or 12(3); or

(b)a revision of such a strategic noise map.

(2) Strategic noise maps must—

(a)include the information (in electronic format) described in paragraphs 1.1 to 1.4 inclusive of Annex VI of the Directive; and

(b)include editable numerical data in electronic form containing the values of Lden, Lnight and the supplementary noise indicators on a grid.

Requirements for strategic noise maps for major roads, major railways and major airports

4.—(1) This paragraph applies only to—

(a)any strategic noise map made under—

(i)regulation 7(1)(b) to (d),

(ii)regulation 7(2)(b) to (d),

(iii)regulation 11(2); or

(b)any revision of such a map.

(2) Strategic noise maps must—

(a)include the information (in electronic format) described in paragraphs 2.1 to 2.4 inclusive of Annex VI of the Directive; and

(b)include editable numerical data in electronic form containing the values of Lden, Lnight and the supplementary noise indicators on a grid.

regulation 4

SCHEDULE 2ASSESSMENT METHODS FOR THE NOISE INDICATORS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

regulation 4

SCHEDULE 3SUPPLEMENTARY NOISE INDICATORS

Interpretation

1. In this Schedule—

Road Traffic Noise

2. The supplementary noise indicators in relation to road traffic noise are—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)LAeq,16h;

(c)Lday; and

(d)Levening.

Railway Noise

3. The supplementary noise indicators in relation to railway noise are—

(a)LAeq,16h;

(b)LAeq,18h;

(c)LAeq,6h;

(d)Lday; and

(e)Levening.

Aircraft Noise

4. The supplementary noise indicators in relation to aircraft noise are—

(a)LAeq,16h;

(b)Lday; and

(c)Levening.

Industrial Noise and Port Noise

5. The supplementary noise indicators in relation to industrial noise and port noise are—

(a)LAeq,16h;

(b)Lday; and

(c)Levening.

regulation 15

SCHEDULE 4MINIMUM REQUIREMENTS FOR ACTION PLANS

General

1.—(1) An action plan must—

(a)meet the minimum requirements of Annex V of the Directive; and

(b)contain a summary covering all the important aspects referred to in Annex V of the Directive, not exceeding ten pages in length.

(2) In applying paragraph (1) any reference in Annex V of the Directive to—

(a)Article 5 of the Directive shall be taken to be a reference to regulation 4 of these Regulations;

(b)Article 8(7) of the Directive shall be taken to be a reference to regulation 20 of these Regulations.

Status: There are currently no known outstanding effects for the The Environmental Noise (England) Regulations 2006.
The Environmental Noise (England) Regulations 2006 (2006/2238)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Words in reg. 2(2) substituted (25.7.2009) by The Environmental Noise (England) (Amendment) Regulations 2009 (S.I. 2009/1610), regs. 1(b), 3(2)substituted
F2Words in reg. 2(2) substituted (18.3.2010) by The Environmental Noise (England) (Amendment) Regulations 2010 (S.I. 2010/340), regs. 1(b), 2(2)(a)substituted
F3Words in reg. 2(2) substituted (31.12.2018) by The Environmental Noise (England) (Amendment) Regulations 2018 (S.I. 2018/1089), regs. 1, 2(2)(a)substituted
F4Words in reg. 2(2) inserted (1.4.2015) by The Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015 (S.I. 2015/377), reg. 1(2), Sch. para. 38inserted
F5Reg. 2(3) inserted (18.3.2010) by The Environmental Noise (England) (Amendment) Regulations 2010 (S.I. 2010/340), regs. 1(b), 2(2)(b)inserted
F6Word in reg. 2(3) inserted (31.12.2018) by The Environmental Noise (England) (Amendment) Regulations 2018 (S.I. 2018/1089), regs. 1, 2(2)(b)inserted
F7Words in reg. 2(3) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 6(2)(a); 2020 c. 1, Sch. 5 para. 1(1) (as amended by S.I. 2020/1540, regs.1(3), 12(3)); 2020 c. 1, Sch. 5 para. 1(1)substituted
F8Reg. 2(4) inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 6(2)(b); 2020 c. 1, Sch. 5 para. 1(1)inserted
F9Words in reg. 3(2) substituted (25.7.2009) by The Environmental Noise (England) (Amendment) Regulations 2009 (S.I. 2009/1610), regs. 1(b), 4(2)substituted
F10Words in reg. 3(3) substituted (25.7.2009) by The Environmental Noise (England) (Amendment) Regulations 2009 (S.I. 2009/1610), regs. 1(b), 4(3)(a)substituted
F11Words in reg. 3(3) substituted (25.7.2009) by The Environmental Noise (England) (Amendment) Regulations 2009 (S.I. 2009/1610), regs. 1(b), 4(3)(b)substituted
F12Reg. 4(2)(b) substituted (18.3.2010) by The Environmental Noise (England) (Amendment) Regulations 2010 (S.I. 2010/340), regs. 1(b), 2(3)substituted
F13Reg. 4(2A) inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 6(3); 2020 c. 1, Sch. 5 para. 1(1)inserted
F14Words in reg. 4(3) substituted (31.12.2018) by The Environmental Noise (England) (Amendment) Regulations 2018 (S.I. 2018/1089), regs. 1, 2(3)(a)substituted
F15Reg. 4(3A) inserted (31.12.2018) by The Environmental Noise (England) (Amendment) Regulations 2018 (S.I. 2018/1089), regs. 1, 2(3)(b)inserted
F16Reg. 4(4) omitted (31.12.2018) by virtue of The Environmental Noise (England) (Amendment) Regulations 2018 (S.I. 2018/1089), regs. 1, 2(3)(c)omitted
F17Reg. 4(5) omitted (31.12.2018) by virtue of The Environmental Noise (England) (Amendment) Regulations 2018 (S.I. 2018/1089), regs. 1, 2(3)(c)omitted
F18Reg. 13 substituted (25.7.2009) by The Environmental Noise (England) (Amendment) Regulations 2009 (S.I. 2009/1610), regs. 1(b), 5substituted
F19Reg. 14 substituted (25.7.2009) by The Environmental Noise (England) (Amendment) Regulations 2009 (S.I. 2009/1610), regs. 1(b), 6(1)substituted
F20Reg. 14A added (25.7.2009) by The Environmental Noise (England) (Amendment) Regulations 2009 (S.I. 2009/1610), regs. 1(b), 6(2)added
F21Reg. 15(1)(a)(aa) substituted for reg. 15(1)(a) (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 6(4); 2020 c. 1, Sch. 5 para. 1(1)substituted
F22Reg. 15(1)(d) substituted (25.7.2009) by The Environmental Noise (England) (Amendment) Regulations 2009 (S.I. 2009/1610), regs. 1(b), 7substituted
F23Word in reg. 19 substituted (6.4.2008) by The Environmental Noise (England) (Amendment) Regulations 2008 (S.I. 2008/375), regs. 1(b), 3substituted
F24Words in reg. 22(2)(b) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 6(5)(a); 2020 c. 1, Sch. 5 para. 1(1)substituted
F25Word in reg. 22(2)(b) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 11substituted
F26Words in reg. 22(3) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 6(5)(b); 2020 c. 1, Sch. 5 para. 1(1)substituted
F27Word in reg. 22(3) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 11substituted
F28Word in reg. 26(4)(b)(i) omitted (31.12.2020) by virtue of The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 6(6)(a); 2020 c. 1, Sch. 5 para. 1(1)omitted
F29Reg. 26(4)(b)(ii) omitted (31.12.2020) by virtue of The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 6(6)(b); 2020 c. 1, Sch. 5 para. 1(1)omitted
F30Words in reg. 29(2)(b) substituted (25.7.2009) by The Environmental Noise (England) (Amendment) Regulations 2009 (S.I. 2009/1610), regs. 1(b), 8substituted
F31Reg. 30 substituted (25.7.2009) by The Environmental Noise (England) (Amendment) Regulations 2009 (S.I. 2009/1610), regs. 1(b), 9substituted
F32Sch. 1 para. 1 renumbered as Sch. 1 para. 1(1) (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 6(7)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)renumbered
F33Sch. 1 para. 1(2) inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 6(7)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)inserted
F34Sch. 1 para. 2(3) inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 6(7)(b); 2020 c. 1, Sch. 5 para. 1(1)inserted
F35Sch. 2 omitted (31.12.2018) by virtue of The Environmental Noise (England) (Amendment) Regulations 2018 (S.I. 2018/1089), regs. 1, 2(4)omitted
F36Words in Sch. 3 para. 1 omitted (31.12.2018) by virtue of The Environmental Noise (England) (Amendment) Regulations 2018 (S.I. 2018/1089), regs. 1, 2(5)(a)omitted
F37Sch. 3 para. 2(a) omitted (31.12.2018) by virtue of The Environmental Noise (England) (Amendment) Regulations 2018 (S.I. 2018/1089), regs. 1, 2(5)(b)omitted
M1S.I. 2004/706.
M21972 c.68.
M3ISBN 0-580-42224-0.
M41982 c.16.
M51984 c.27; section 17 was amended by the New Roads and Street Works Act 1991 (c.22), Schedule 8, paragraph 28 and Schedule 9, and by the Road Traffic Act 1991 (c.40), Schedule 7, paragraph 3 and Schedule 8.
M6Schedule 4 has been amended by the Road Traffic (Consequential Provisions) Act 1988 (c.54), Schedule 3, paragraph 21(3).
M7SPIRE Programme, Product Reference: SIP – DP – 011.
Defined TermSection/ArticleIDScope of Application
agglomerationreg. 2. of PART 1agglomerat_lgUswXU
airport operatorreg. 2. of PART 1airport_op_lgRV0ee
assessment positionreg. 4. of CHAPTER 1 of PART 2assessment_rtaXV1s
calendar yearreg. 2. of PART 1calendar_y_lg0Z71K
Commissionpara 2. of SCHEDULE 1Commission_rtRYkxzalert
concerningpara 2. of SCHEDULE 1concerning_rttjOqZalert
consolidated noise mapreg. 2. of PART 1consolidat_lgsQapU
DEFRAreg. 2. of PART 1DEFRA_lgn2CrX
designatedreg. 2. of PART 1designated_rtpfEpL
editablepara 1. of SCHEDULE 1editable_lghjpFx
external competent authorityreg. 22. of PART 5external_c_lgxt4U5
first round agglomerationreg. 2. of PART 1first_roun_lg4CvzQ
first round major railwayreg. 2. of PART 1first_roun_lgXY76d
first round major roadreg. 2. of PART 1first_roun_lgejovN
gridpara 1. of SCHEDULE 1grid_lg2Pw4x
in the form of regulationsreg. 2. of PART 1in_the_for_lgxJNft
input datareg. 9. of CHAPTER 3 of PART 2input_data_lgDAvSy
major airportpara 1. of SCHEDULE 1major_airp_lgbpdEwalert
major airportreg. 2. of PART 1major_airp_lgciBQL
major airportspara 1. of SCHEDULE 1major_airp_lgx6hTzalert
major railwaypara 1. of SCHEDULE 1major_rail_rtWNkJ1alert
major railwayreg. 2. of PART 1major_rail_lgIUn8Z
major railwayspara 1. of SCHEDULE 1major_rail_rtWardGalert
major roadpara 1. of SCHEDULE 1major_road_rtEO9atalert
major roadreg. 2. of PART 1major_road_lghWJqu
major roadspara 1. of SCHEDULE 1major_road_rt1FLKValert
metadatareg. 9. of CHAPTER 3 of PART 2metadata_lgTbghR
motorwayreg. 2. of PART 1motorway_lgiYCHf
non-designatedreg. 2. of PART 1non-design_rtS9APK
principal or classified roadreg. 2. of PART 1principal__lgxF8Pa
public authorityreg. 21. of CHAPTER 5 of PART 4public_aut_lgiWFeR
quiet area in an agglomerationreg. 2. of PART 1quiet_area_lgpujKi
relevant agglomerationreg. 12. of CHAPTER 3 of PART 2relevant_a_lgnatFw
relevant competent authorityreg. 28. of PART 7relevant_c_lgoWsTx
relevant criteriareg. 14A. of CHAPTER 1 of PART 4(“_prn0Zo7l
relevant first round agglomerationreg. 12. of CHAPTER 3 of PART 2relevant_f_lg69NVS
relevant yearreg. 3. of PART 1relevant_y_lgab7pl
special roadreg. 2. of PART 1special_ro_lgEs5Ja
SPIRE Data Standard, Version 1.0reg. 9. of CHAPTER 3 of PART 2SPIRE_Data_rtg9JSo
strategic noise mapreg. 14. of CHAPTER 1 of PART 4strategic__rtFegvd
supplementary noise indicatorreg. 2. of PART 1supplement_lgcdSRQ
Supplementary noise indicatorreg. 4. of CHAPTER 1 of PART 2Supplement_lgFOH5X
the Directivereg. 2. of PART 1the_Direct_rtnroHy
trunk roadreg. 2. of PART 1trunk_road_lgC0hC3
Changes that affect Made by
Sort descending by Changed Legislation Sort descending by Year and Number Changed Provision Type of effect Sort descending by Affecting Legislation Title Sort descending by Year and Number Affecting Provision Sort descending by Changes made to website text Note
The Environmental Noise (England) Regulations 2006 2006 No. 2238 reg. 22(2)(b) word substituted The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 2025 No. 82 Sch. 15 para. 11 Not yet
The Environmental Noise (England) Regulations 2006 2006 No. 2238 reg. 22(3) word substituted The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 2025 No. 82 Sch. 15 para. 11 Not yet

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.