NP2                                                  NOISE POLLUTION                                                  info...
NOISE POLLUTION/ Guide to Noise Regulations/ NP2with a licence issued under the            Environmental Protection Agency...
INFORMATION ON THE ENVIRONMENT / EOLAS AR AN GCOMHSHAOLHealth and Safety Authority, 10           standard specification No...
NOISE POLLUTION/ Guide to Noise Regulations/ NP2SPECIMEN FORM FOR MAKING                  *   a person lawfully using a pu...
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Guide to noise regulations

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Noise Regulations Guide

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Guide to noise regulations

  1. 1. NP2 NOISE POLLUTION information on the environment / eolas ar an gcomhshaol www.enfo.ie A Guide to the Noise Regulations This leaflet outlines the steps open to the Courts about noise from dogs Finally, you may exercise your right to you under the law when you are is available from your local authority. to make a formal complaint to the experiencing nuisance caused by District Court seeking an Order to noise. It is intended as a practical (3) When can I take action to deal deal with the nuisance. guide and is not a legal with noise as a nuisance? interpretation of the law. For more (5) Will the District Court solve my information you may consult your Whenever you consider a noise to be problem? local authority or seek legal advice. so loud, so continuous, so repeated, of such duration or pitch or occurring The task of the District Court is to (1) What type of noise problems are at such times that it gives you hear both sides of the case. covered by simple legal reasonable cause for annoyance you procedures? can initiate action to deal with it. Where it finds in your favour it can order the person or body making the The procedures outlined here are (4) What action can I take? noise to reduce it to a specified level, designed to cover general to limit it to specified times, or to neighbourhood type noise problems, Initially, it may be sufficient to cease altogether. such as continual noise from other explain to whomever is causing the houses, home workshops, local noise that it is a nuisance and so (6) Are there any legal conditions businesses etc. The Environmental come to some mutually acceptable which I need to take into Protection Agency Act 1992 (Noise) understanding. In the case of noise consideration before I decide to Regulations, 1994 (S.I. No. 179 of emanating from multiple occupancy complain to the District Court? 1994) provide redress in the case of rented accommodation, the landlord these types of problems. They are (or the relevant Council in the case Yes, the legislation specifies certain designed to allow straightforward of local authority housing) should be conditions that amount to a good access to the Courts by individuals or contacted to determine if breaches defence in Court for the person groups concerned about excessive of the tenancy agreement have allegedly causing the nuisance. noise. occurred. (7) What are the “good defence” (2) Are any types of noise excluded If this does not resolve the matter conditions? from these procedures? you may wish to consider contacting your local authority or the EPA (see The person concerned may prove Yes. Complaints about aircraft noise question 12) to ascertain whether it should be directed to the relevant is in a position to take action. While • that he/she took all reasonable airport authority or the Irish Aviation the local authority, or the Agency, is care to prevent or limit the noise Authority in the first instance. In unlikely to become involved in by using facilities, practices and addition, problems arising from disputes between neighbours, it may methods of operation that are barking dogs are covered under the consider serving a notice in respect suitable for that purpose, or Control of Dogs Acts 1986 & 1992. A of noise from industrial or copy of the Form used for complaints commercial sources. • that the noise is in accordance it’s easy | to make a difference
  2. 2. NOISE POLLUTION/ Guide to Noise Regulations/ NP2with a licence issued under the Environmental Protection Agency Act, (13) Has my local authority a role inEnvironment Protection Agency Act 1992 and the Environmental dealing with noise problems?1992. Protection Agency Act, 1992 (Noise) Regulations 1994 (S.I. No. 179 of 1994). Yes. Local authorities have the same(8) Must the Court Order be Copies may be purchased from the powers as individuals to complain complied with? Government Publications Sales Office, about noise problems to the District Sun Alliance House, Molesworth Court. In addition, they have similarYes, the person (or body) concerned Street, Dublin 2, tel: (01) 6793515 or by powers (including serving a noticemust comply with the Court Order. mail order from the Government under Section 107 of the EPA Act, Publications Postal Trade Section, 1992, on the person causing the(9) How do I complain to the District 51 St. Stephens Green, Dublin 2. noise for the purposes of preventing Court? tel: (01) 6476000. or limiting the noise) to the Environmental Protection Agency inOnce you have decided to take your (10)Must I consult a solicitor if I wish relation to premises, processes andcase to the Court there are a number to complain to the Court? works other than those whichof steps which you must follow:- require licences under the No, nor is there a requirement to be Environmental Protection Agency(i) Consult with the Clerk of your represented in Court by a solicitor in Act. (See also question 4) local District Court about a date Court. However, you may wish to for the hearing of your case. take professional legal advice and (14) What are the penalties for a this remains a matter of personal breach of the law?(ii) Once a time has been set for choice. your Court hearing you must For summary cases dealt with in the inform the person concerned (11) What is the cost of taking this District Court, a fine of up to €1,270 that you will be making a action? or imprisonment for up to 12 complaint to the District Court. months, or both, may be imposed. The date for the hearing of the The District Court charges a nominal case must be at least seven days fee for processing the action (€15 as later than the date you inform at August, 2003) (15) What about specified noise the person or body causing the standards or maximum noise noise. (12) Has the Environmental levels? Protection Agency a role in(iii) A specimen copy of the form dealing with noise problems? No universal statutory noise used is shown on the reverse of standards apply in Ireland though this leaflet. This may not be used In the case of an activity for which a local authorities may specify for actual proceedings. The licence is required under the particular noise standards as part of District Court will provide you Environmental Protection Agency Act a notice served under Section 107 of with the form to be used for 1992, the Agency can require the the Environmental Protection making the complaint. It is taking of specified measures to Agency Act 1992. Any standards set important that you use the prevent or limit the noise. The will depend on the specific noise actual form provided by the person (or body) required to take source and will generally have regard court and that you complete it such measures must do so or face to relevant international guidance accurately and fully. You must prosecution. Alternatively, the and standards. attend Court at the arranged Agency may take the remedial time and present your complaint. measures itself and recover the cost The European Communities It is also generally advisable to from the person in charge of the (Protection of Workers) (Exposure to have a record of the times and source of the noise. Any person may Noise) Regulations 1990 (S.I. No. 157 dates when the noise nuisance request the Agency to exercise its of 1990) provide, inter alia, for the occurred. power in relation to noise causing a assessment and measurement of nuisance from such an activity. noise experienced at work, theWhen consulting the Court Clerk you identification of areas where noiseshould be in a position to refer exceeds specified levels and for theprecisely to the law relating to your maintenance of records of noisecase; this is Section 108 of the levels. Enforcement of these regulations is undertaken by the
  3. 3. INFORMATION ON THE ENVIRONMENT / EOLAS AR AN GCOMHSHAOLHealth and Safety Authority, 10 standard specification No. 199 of of the licence can be made on theHogan Place, Dublin 2 (tel. 01 1987 and operates a certification grounds of the character of the6147000); www.hsa.ie scheme to that standard which, inter licensee, or the peaceable and alia, specifies a minimum, (15 orderly manner in which theIn addition, Section 34 of the minutes) and maximum, (30 premises were conducted in the pastPlanning and Development Act, minutes) duration for the sounding year. With regard to the application2000 provides that a Planning of external intruder alarms in for a special late night exemption,Authority may attach specific buildings with the alarms being the Intoxicating Liquor Act 2000conditions in respect of noise to a required to cease automatically after provides that a court shall not grantgrant of permission for the maximum duration. a special exemption order in respectdevelopment. of any premises unless it is satisfied A new European Standard - EN that the special occasion will be(16) Can anything be done about 50131-1 of 1997 – prescribes shorter conducted in a manner which will construction noise? minimum and maximum durations not cause undue inconvenience to of 90 seconds and 15 minutes persons residing in the vicinity ofThere is no specified statutory period respectively. The connection of those premises.during which certain works e.g. monitored business intruder alarmconstruction, road works, DIY etc. are systems to Garda Siochána stations (20) What about traffic relatedprohibited. However, a Planning is contingent upon the use of alarm noise?Authority may attach conditions to systems which are certified by NSAIindividual planning permissions for and installed by certified installers. The Environmental Protectionany development on a case by case Agency Act 1992 (Noise) Regulationsbasis. These tailored conditions may In the case of a faulty alarm, a local 1994 (S.I. No. 179 of 1994) are notinclude restrictions on the times authority may also serve a notice designed to cover noise fromwhen construction work can be under Section 107 of the roadways. Complaints about localundertaken (see question 15). If you Environmental Protection Agency traffic related noise should beare encountering noise from a Act, 1992 (see question 13). addressed to the relevant roadsconstruction site you should, in the authority in the first instance. Forfirst instance, contact your Planning No standards have been set to date national road schemes, potentialAuthority to ascertain whether any for the operation of car alarms. noise emissions are addressed assuch conditions apply. As with part of the Environmental Impactquestion 13, a local authority may (18) What can be done about the Assessment process undertaken by,serve a notice under Section 107 of noise from crow guns/bangers? or on behalf of, the National Roadsthe Environmental Protection Authority.Agency Act 1992, on the person If the use of noise devices used bycausing the noise for the purpose of farmers to scare off birds eating In addition, EU Directive 2002/49/ECpreventing or limiting the noise. You their crops (know as “crow sets out certain requirements for themay also exercise your rights as set guns/bangers”) is causing a nuisance assessment and management ofout in question 4. as described in question 3 the same environmental noise from transport actions are available as described sources (including major roads)(17) What can be done about faulty under question 4. including the making of strategic alarms? noise maps and action plans. (19) What about noise fromSome local authorities have issued pubs/discos?guidelines in relation to intruderalarms which recommend that Any person may take a complaint toowners/occupiers of alarmed the District Court as outlined underproperty should nominate at least question 3 in respect of noise from atwo keyholders that can be licensed premises. In addition, undercontacted in the event of the Section 4 of the Courts (No. 2) Actactivation of the alarm. 1986, any person is entitled to object to the renewal of an intoxicatingThe National Standards Authority of liquor licence at the annual LicensingIreland has published a voluntary Court. The objection to the renewal it’s easy | to make a difference
  4. 4. NOISE POLLUTION/ Guide to Noise Regulations/ NP2SPECIMEN FORM FOR MAKING * a person lawfully using a public (8) To be signed by the complainant,NOISE NUISANCE COMPLAINT place, (3) i.e. the local authority or person concerned.THIS FORM IS A SAMPLE ONLY AND NOTICE IS HEREBY GIVEN to theCANNOT BE USED IN ACTUAL defendant that the complainant NB The Court may order the personDISTRICT COURT PROCEDURES intends to make a complaint or body making, causing or pursuant to section 108(1) of theEnvironmental Protection Agency above Act to a sitting of the District responsible for the noise to take theAct, 1992 Court for the said court area and measures necessary to reduce the district to be held at noise to a specified level or to takeNotice pursuant to section 108(3) of the specified measures for thethe Environmental Protection prevention or limitation of the noise. ________________________________Agency Act, 1992 of intention tomake a complaint to the District __________________________Court in relation to noise givingreasonable cause for annoyance. on the __ day of __ 20__ at __ a.m./p.m. (6) being a date not earlier than 7 days from the date of thisComplainant notice, and to seek an order________________________________ pursuant to that section in relation to the said noise.______ (1) Dated this __ day __ of 20__ (7)of________________________________ signed ___________________ (8)_______________ To ______________________ ofDefendant __________________________(2)________________________________ The above named defendant._________(2) Notes for completing this formof (1) Insert name and address of________________________________ person or local authority making________________ complaint.WHEREAS the above-named (2) Insert name and address ofcomplainant alleges that the above- person or body alleged to havenamed defendant is the *person made or have caused or have*body (3) making, causing or been responsible for the noiseresponsible for the following noise, (see section 14 of the Act innamely, regard to the service of notice). (3) * Delete as appropriate._____________________________________________________ (4) (4) Insert details of the noise Issued by: complained of - including ENFO – The Environmental location in the court area and Information Service,at __________ (4) in District Court 17 St Andrew Street,district no. __ and District Court Area district, nature, source, date, time Dublin 2, Ireland.of __ (4) which such noise is so etc.loud/so continuous/so repeated/of Tel: (01) 888 3910 Lo Call: 1890 200 191such duration or pitch/occurring at (5) Delete whichever of these terms Fax: (01) 888 3946such times (5) as to give reasonable and conditions may not be e-mail: info@enfo.iecause for annoyance to appropriate in the case of the www.enfo.ie noise concerned. Write to or visit our Centre at the above* the complainant address or you may check out the ENFO (6) Insert details of the Court sitting information stands at your Local Authority* a person in any premises in the concerned. Office / County Library neighbourhood, ENFO is a service of the Department of the (7) Insert date. Environment Heritage and Local Government. Printed on recycled paper March 2004

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