CITB Managers Welfare Facilities and Environmental Legislation 4 — Questions and Answers
Question 1: Under the Noise and Statutory Nuisance Act 1993, construction noise between which hours is most likely to constitute a statutory nuisance for residential neighbours?
- 9 AM to 5 PM
- Before 7:30 AM and after 6 PM on weekdays, and at any time on Sundays — though this varies by local authority guidance (Correct answer)
- Noise is only a statutory nuisance after midnight
- Any time if more than 85 dB(A)
Correct answer: Before 7:30 AM and after 6 PM on weekdays, and at any time on Sundays — though this varies by local authority guidance
Construction noise outside standard daytime hours (typically before 7:30–8:00 AM and after 6:00 PM on weekdays, and any time on Sundays) is more likely to constitute a statutory nuisance under the Environmental Protection Act 1990. Local authorities use Section 60 notices to enforce restrictions.
Question 2: Why must vegetation clearance on construction sites be timed carefully?
- To comply with the Construction Phase Plan
- The nesting season for wild birds (broadly March to August) means clearance during this period risks disturbing active nests, which is a criminal offence under the Wildlife and Countryside Act 1981 (Correct answer)
- Vegetation clearance does not require timing consideration
- Timing is only relevant when the site is adjacent to a SSSI
Correct answer: The nesting season for wild birds (broadly March to August) means clearance during this period risks disturbing active nests, which is a criminal offence under the Wildlife and Countryside Act 1981
All wild bird species and their active nests are protected by law. Clearance of vegetation, hedgerows, and trees during the nesting season (broadly March–August) must be preceded by a nesting bird check. If active nests are found, work must stop until the young have fledged.
Question 3: The Water Framework Directive (as retained in UK law) establishes objectives for the ecological status of water bodies. In practical terms, what does this require of construction projects near watercourses?
- No construction work is permitted within 10 metres of any watercourse
- That the ecological status of the watercourse is not deteriorated by construction activities — preventing silt, pollution, and physical damage from causing a worsening of status (Correct answer)
- Only chemical water quality is relevant — physical changes are permitted
- Compliance is only required for construction projects over £5 million
Correct answer: That the ecological status of the watercourse is not deteriorated by construction activities — preventing silt, pollution, and physical damage from causing a worsening of status
The Water Framework Directive requires that waterbodies do not deteriorate in ecological status. For construction, this means preventing silt runoff, fuel and chemical spills, and physical changes that could damage aquatic ecology, invertebrates, and fish habitats.
Question 4: A construction project on a contaminated brownfield site must include:
- No special precautions beyond standard construction health and safety
- A ground investigation and contaminated land assessment before construction begins, with a remediation strategy for any significant contamination found — agreed with the local authority as a planning condition (Correct answer)
- A RIDDOR report for every worker who contacts contaminated soil
- An annual environmental audit only
Correct answer: A ground investigation and contaminated land assessment before construction begins, with a remediation strategy for any significant contamination found — agreed with the local authority as a planning condition
Brownfield sites commonly contain contaminants (hydrocarbons, heavy metals, asbestos, PAHs) that require ground investigation before construction. A remediation strategy (soil removal, treatment, or encapsulation) must be agreed with the local authority and implemented before or during construction.
Question 5: The principal contractor must manage waste on site in accordance with the waste hierarchy. Which construction waste is most commonly sent to landfill, contrary to best practice?
- Clean excavated soil
- Mixed waste — when different waste types are not segregated, materials that could be recycled are sent to landfill as mixed waste, wasting resources and failing the waste hierarchy (Correct answer)
- Hazardous waste such as asbestos
- Packaging materials
Correct answer: Mixed waste — when different waste types are not segregated, materials that could be recycled are sent to landfill as mixed waste, wasting resources and failing the waste hierarchy
Lack of waste segregation on site results in recyclable materials (clean timber, metal, cardboard, plasterboard) being sent to landfill as mixed waste. Segregating waste at source maximises recycling and reduces costs. It is both an environmental and duty-of-care obligation.
Question 6: What is a 'site waste management plan' (SWMP) and what must it record?
- A plan for managing vehicle movements on site
- A document that identifies the types and quantities of waste the project will generate, the intended management route for each (reuse, recycle, dispose), the waste carrier details, and the actual disposal records — used to demonstrate duty of care compliance (Correct answer)
- Only required for projects with more than 300 tonnes of waste
- A plan submitted to the local authority for planning approval
Correct answer: A document that identifies the types and quantities of waste the project will generate, the intended management route for each (reuse, recycle, dispose), the waste carrier details, and the actual disposal records — used to demonstrate duty of care compliance
A SWMP (voluntarily best practice in England since the 2012 revocation of the mandatory requirement for projects over £300,000) records: waste types and estimated quantities, management routes (reuse, recycle, dispose), carrier registration numbers, disposal facility addresses, and actual waste records. It demonstrates active duty-of-care management.
CITB Managers Welfare Facilities and Environmental Legislation 4
Under the Noise and Statutory Nuisance Act 1993, construction noise between which hours is most likely to constitute a statutory nuisance for residential neighbours?