Noise Nuisance

Sections 107 and 108 of the Environmental Protection Agency Act, 1992 enable local authorities and members of the public to instigate measures to limit noise nuisance.

Please click on the following link to view this Act.

http://www.irishstatutebook.ie/1992/en/act/pub/0007/ 

Bear in mind however, that the instigation of court proceedings by a local authority under Section 107 of the Act, could require indictment in the Circuit Court in respect of an alleged breach of a Notice and as a result, a period of several months could pass before a case was heard.

On the other hand, a member of the public acting as plaintiff could book a hearing under Section 108 of the Act, at District Court level in a matter of weeks for a modest fee. A Judge in the District Court could then consider the evnidence and may issue on order accordingly.

If you feel that you have reasonable grounds for complaint in this regard, you should take the following steps;

  1. Discuss the matter with those believed to be responsible for creating the perceived noise nuisance in order to afford them the opportunity to take remedial action. Remember that in many instances, noise nuisance is not necessarily malicious and that when something is brought to their attention, those responsible may act promptly to remedy the situation.
  2. Record all instances of the perceived noise nuisance in a written log (time, duration, type of noise etc.). You should also record all details of correspondence, conversations and related events in this log. You should declare the written log to be a true document and sign it off accordingly as you may be asked to produce it as evidence at any court hearing(s).
  3. If possible, try to obtain a sound recording as well (for similar reasons).
  4. Subject to the nature of your case, you should consult with the staff of the Environment Department in Limerick City Council, who will advise of what further steps can be taken.
  5. If you wish to lodge a formal complaint, you will need to provide details of your name, address, contact number etc as well as details relating to the source of the perceived noise nuisance. You may lodge such a complaint by e-mail, in writing or by calling in person, to Limerick City Council's Environment Department in City Hall. Please note that Limerick City Council will not instigate any enforcement measures on foot of anonymous or misleading reports, which, in any event, may not be admissible evidence.
  6. If you decide to instigate legal proceedings under Section 108 of the Act, the necessary documentation is available in the Environment Department but remember that as plaintiff, you must forewarn the defendant(s) of your consideration of this course of action.
  7. In the case of a multi-occupancy building, a tenant should advise the landlord of the perceived noise nuisance and warn the landlord that in the event of legal proceedings being instigated, the landlord will be joined with the defendant. Section 15 of the Residential Tenancies Act, 2004 states that "A landlord of a dwelling owes to each person who could be potentially affected a suty to enfforce the obligations of the tenant under the tenancy". Complainants are also advised to consider referring the issue to the Private Residential Tenancies Board.
  8. Depending on the circumstances, staff from the Environment Department may agree to testify before the court that you made a complaint to the City Council. However, staff will not generally comment on the perceived noise nuisance itself: rather they will confirm that the City Council has received a complaint and that the complainant was advised on how to proceed.
  9. Remember also that as plaintiff, you may be subject to cross-examination in court.

 

Further Information

Contact: Limerick City Council and Limerick County Council (Joint) Pollution Control Department
              County Hall
              Dooradoyle Road,
              DOORADOYLE
              Co. Limerick
 
              Tel.: (061) 496 264
              Fax.: (061) 496 008
              E-mail: environ@limerickcity.ie
 

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Last update:23/12/2013

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