Noise pollution

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 below from 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 "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 many such cases are not 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 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.
• g) Remember also that as plaintiff, you may be subject to cross-examination in court.

• Leaflet on Noise Nuisance

Environment Department

Phone 407190

Email environ@limerickcity.ie