8. Construction and Section 61 agreements

Companies are encouraged to engage with us for 'Prior Consent' if they're intending to carry out:

  • construction, demolition or maintenance upon buildings
  • structures or roads

A section 61 agreement is a formal agreement between the contractor and the council where noise levels, hours of work and any mitigation are agreed upon.

The developer must submit an application form to us at least 28 days before the intended work commences. The authority has 28 days in which to make a decision.

The authority can either consent, not consent or consent with conditions. If the contractor does not agree to the conditions then it may appeal to the magistrate's court within 21 days of the decision date.

As long as the proposed works are carried out in line with the consent then the developer becomes immune from Nuisance action.