Myles & Co. Solicitors - Noise Pollution.

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NOISE NUISANCE
This can be addressed via the planning code implemented by planning authorities or via the licensing of prescribed industrial activities under the Integrated Pollution Control (IPC) system operated by the Environmental Protection Agency. These codes deal mainly with commercial and industrial noise.

NEIGHBOURHOOD NOISE
Continual noise from other houses, home workshops, local businesses etc. too can be a source of nuisance and distress for people. In 1994, the Minister for the Environment addressed this problem by making regulations under the Environmental Protection Agency (EPA) Act, 1992, whereby any individual person, or a local authority, may complain to a District Court seeking an Order to deal with the noise nuisance i.e. noise so loud, so continuous, so repeated, of such pitch or duration or occurring at such times that it gives a person reasonable cause for annoyance.
Firstly a complainant must give notice to the person making the noise of the intention to make a formal complaint to the District Court and then he/she must serve a notice on the alleged offender that a complaint is being made at least 7 day in advance of the complaint being made to the Court. The District Court will hear both sides of a complaint and where it finds in favour of the complainant it can order the person or body making the noise to reduce it to a specific level, to limit it e.g. to specified times, or to stop it altogether.

GUIDE TO THE NOISE REGULATIONS
If you are being affected by noise pollution the Noise Regulations may help. We can advise you fully. Just click on the book a call image (left ) and we will contact you.

ENVIRONMENTAL PROTECTION AGENCY (EPA) ACT
Under this legislation local authorities or the EPA are empowered to serve a Notice requiring measures to be taken to limit or prevent noise. The EPA can do this only in relation to an IPC licensable activity for which a license has not yet been issued; where the license has been issued, noise is controlled by the license itself.
A Notice can be served by a local authority on any person in charge of any premises, processes or works, other than an activity controlled by the EPA. The Notice must indicate the measures to be taken to prevent or limit the noise and may specify a period within which such measures are to be taken. Failure to comply with a Notice is an offence and allows the relevant local authority to take steps to ensure compliance.

AIRCRAFT NOISE
Complaints about this are specifically exempted from the EPA Act noise regulations and should be directed to the airport authority in question or to the Department of Transport
In 1995, the EPA published a Guidance Note on noise for Scheduled Activities listed in the EPA Act, 1992 with the aim of minimising the amount of noise received by people living or working in noise sensitive areas. These typically would include domestic dwellings, hospitals, schools, places or worship, areas of leisure or high amenity.
Environmental Noise Regulations 2006
These Regulations give effect in Ireland to EU Directive 2002/49/EC, relating to the assessment and management of environmental noise. Environmental noise is defined in the Regulations as unwanted or harmful outdoor sound created by human activities, including noise emitted by means of transport, road traffic, rail traffic, air traffic, and from sites of industrial activity. The Regulations are not indended to address domestic or neighbourhood noise.
A two-stage approach to the assessment and management of environmental noise is provided for in the Regulations. Firstly, the preparation of strategic noise maps for areas and infrastructure falling within defined criteria, e.g. large agglomerations, major roads, railways and airports. Secondly, based on the results of the mapping process, the Regulations require the preparation of noise action plans for each area concerned. The fundamental objective of action plans is the prevention and reduction of environmental noise.
The Regulations provide for strategic noise maps and action plans to be made available to the general public. They also provide for public consultation on proposed action plans, and for the results of public consultation to be taken into account in finalising action plans or reviews of action plans.
The Environmental Protection Agency are the National Authority with overall responsibility for implementation of the Regulations. Implementation at local level is a matter for the local authorities concerned and Dublin Airport Authority, the National Roads Authority, Iarnród Éireann and the Railway Procurement Agency
Courtesy © environ.ie

This is just a short summary of the legislation.
We strongly advise you to take legal advice if you are suffering from noise pullution.

It is important that you contact us immediately so that we can start to accumulate valuable evidence, which may be destroyed.

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