Draft Noise Action Plan - September 2008 (4.72mb pdf)
Noise Legislation In Ireland, the principal law relating to noise is Sections 106, 107, and 108 of Part VI of the Environmental Protection Agency (EPA) Act 1992.
Under this legislation local authorities or the EPA are empowered to serve a Notice requiring measures to be taken to limit or prevent noise. 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.
Limerick County Council also has a role in the issue of noise conditions as appropriate in planning permissions (e.g. for commercial premises, operations) and in the enforcement of any planning permissions granted.
Noise Regulations 1994 The (Noise) Regulations 1994 (S.I. 179) which implemented Section 108 of the EPA Act 1992, were designed to simplify and strengthen the procedures for dealing with noise nuisance.
These regulations allow any person to make a complaint to the District Court “where any noise is so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause or annoyance to a person in any premises in the neighbourhood, or to a person lawfully using any public place”.
If you are being aggrieved by a noise nuisance (e.g. loud music in a neighbouring house at unsociable hours etc.), then you can have the matter referred for hearing by a judge in the District Court.
If pursuing a noise complaint in this manner contact the District Court Limerick Head Offices (see below*) and inform the district court clerk that you want to pursue a noise complaint under the EPA Noise Regulations 1994.
*The District Court Head Offices in County Limerick are located at MERCHANTS QUAY, LIMERICK CITY, TEL - 061 41 43 00.
On being contacted by a complainant the District Court Offices will
-
Take the complaint details.
-
Arrange for the necessary paper work to be taken care of (there is a small fee charged of approx €7).
-
Inform both the complainant and the person or body making the noise, of the date, time and location of the court hearing.
On the appointed court date, the judge will hear both sides of the case, and decide on appropriate measures to be taken (impose court order etc.).
There is no requirement to be represented in Court by a solicitor.
Where the court 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.
Pursuing a Noise Complaint If you wish to make a complaint about noise or other nuisance to Limerick County Council please email the details to environ@limerickcoco.ie
Other Agencies The EPA website has comprehensive information on Noise issues and how to deal with various noise related problems. See Section on Noise Nuisance in particular if intending to take a noise complaint to the District Court: EPA website.
The Department of the Environment has issued a self-explanatory leaflet entitled ‘A Guide to the Noise Regulations’ which outlines the steps to be taken where a person is experiencing nuisance caused by noise. Copies of this can be obtained from the Environment Section, Limerick County Council.
|