Noise pollution

Updated: Wednesday, 13th July, 2011

Dealing With a Perceived Noise Nuisance

Members of the public in Limerick City who have concerns about perceived noise nuisance attributable to activities in adjacent premises should note that Sections 107 and 108 of the Environmental Protection Agency Act, 1992 (reproduced  here - copyright www.irishstatutebook.ie ) enable local authorities and members of the public to instigate measures to limit noise nuisance.

Whilst Limerick City Council is empowered under Section 107 of the Act to issue relevant notices and it also "may take such steps as it considers reasonable and necessary to secure compliance with the notice and may recover any costs and expenses thereby incurred from the person on whom the notice was served as a simple contract debt in any court of competent jurisdiction", the public is advised that the instigation of any court proceedings in this regard by a local authority is, for legal reasons, a longer process than that for a case taken directly to the District Course by a complainant.

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

• a) Bear in mind that under Section 108 of the Act, you should, in the first instance, 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.
• b) Record all instances of the perceived noise nuisance in a written log (time, duration, type of noise etc.) You may be asked to produce this as evidence. You should also record all relevant communications.
• c) If possible, try to obtain a sound recording as well (for similar reasons).
• d) Subject to the nature of your case, you should consult with the staff of Environment Department of Limerick City Council, who will advise of what further steps can be taken and may decide to issue a notice under Section 107 of the Act, at this stage.
• e) If you decide to instigate legal proceedings, the necessary documentation is available in the Environment Department but remember that as plaintiff, you must forewarn the defendant.
• f) 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. Staff will not generally comment subjectively on the noise incident itself: rather they will confirm that the City Council has received a complaint.
• g) Remember also that as plaintiff, you may be subject to cross-examination in court.
• Leaflet on Noise Nuisance

Urban Noise

Members of the public are reminded that there many potential sources of noise to be found in an urban environment. Noise from traffic, sports events and construction activity for example is an inevitable consequence of urban living. Furthermore, because of the high density of population and large traffic volumes in any city, siren noise from emergency service vehicles and early morning noise from commercial delivery and municipal service vehicles is commonplace.

Furthermore, some construction activity and roadworks (emergency and planned) are undertaken at night-time so as to reduce disruption to daytime traffic and utility service provision, particularly in the city centre area.

Limerick City Council cannot generally require noise control measures to be taken where the relevant source activity is deemed necessary or the lesser of two evils, unless it can be shown to be reasonably practicable to do so.

Intruder Alarms

Please note that local authorities are not empowered to:

• enter any property to disable an activated intruder alarm, or
• isolate any electrical supply to an activated intruder alarm

Trespass and interference with an electricity supply are criminal offences. There would also be additional considerations vis-a-vis personal safety, public liability, competence to work on any type of alarm system and securing a property.

Furthermore, local authorities do not maintain databases of keyholder contact details or security codes for alarm systems.

In some limited circumstances, Limerick City Council may be able to contact occupiers of commercial or public properties to advise of perceived noise nuisance if  for example, there is headquarters contact number available or other branches of the same entity nearby). In the event of alarm activations in private properties however, it is extremely unlikely that any local authority will be able to ascertain who to contact.

It is the responsibility of property owners and occupiers to ensure that alarm systems are maintained serviceable and that appropriate response mechanisms are in place in the event of activation. Occupiers may advise local Gardaí of relevant contact details if they wish.

Noise from Animals

From time to time, Limerick City Council's Environment Department receive complaints about perceived noise nuisance attributable to the keeping of animals, particularly dogs on certain premises in the city. It is the policy of the department to investigate such complaints initially in the context of potential licencing and animal welfare concerns. The Control of Dogs Act empowers local authorities to seize dogs  in certain circumstances and under general animal welfare legislation, neglect of animals may result in a criminal conviction, custodial sentence and publicity in the media.  

Under Section 108 of the Environmental Protection Agency Act, 1992, as referred to above, an individual may also instigate legal proceedings in respect of perceived noise nuisance attributable to animals.

For further information, Contact:

Limerick City Council Environment Department

Phone: (061) - 407 190

Fax.:      (061) - 407 255 

Email:     environ@limerickcity.ie

(pog 20110713 1104)