Petition - Installation of enhanced noise mitigation measures for Falklands Close, Lee on the Solent

In response to your letter and petition dated 25 November 2020 I have to inform you that the only duties that fall on the County Council with regard to the mitigation of road traffic noise fall within The Land Compensation Act 1973 and the Noise Insulation Regulations 1975. These allow grants to be made towards the cost of sound insulation in, or to an eligible property subjected to noise from new and altered roads. Under the 1975 Regulations the following meanings apply;

(a) an ‘altered road’ means a highway of which the location, width or level of the carriageway has been or is to be altered (otherwise than by resurfacing) after 16 October 1969 and “alter” and “alteration” in relation to a highway shall be construed accordingly,

(b) an ‘additional carriageway’ means a carriageway constructed or proposed to be constructed for a highway beside, above, or below an existing carriageway.

As the increase in traffic along Cherque Way may be construed as an intensification of use of an existing highway (i.e. it has not been altered) it does not give rise to a duty to provide noise insulation works under the provisions of the Regulations. Consequently, the County Council does not intend to undertake any such works nor does it have any plans to provide any acoustic fencing.

Yours sincerely

Councillor Rob Humby
Deputy Leader
Executive Member for Environment and Transport