Building site noise tortures autistic neighbour

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Building site noise tortures autistic neighbour
Dozens of people protested outside the MacDonagh Junction construction site on Monday, at what they say is illegal noise. The demonstrators were there on behalf of one local teenager, Eric Hayes.
Mr Hayes from nearby Ossory Park is severely autistic and has huge audio sensory difficulties and problems. The 17-year-old has hyper-sensitive hearing and every sound is louder for him than for most people. The noise from the construction site is painful.
On Monday, members of Irish Autism Action travelled from Dublin, Wexford and Waterford to protest with Mr Hayes' family, friends and neighbours. They say the developers, currently MacDonagh Junction Developments Ltd, are breaching 62 different planning rules, including working after hours.
"We have been fighting this for a long time," said his mother, Teresa Hayes. "Eric stayed in for 11 months. We've had to medicate him to go outside on his go-cart. It's the only exercise he gets. We've never had to medicate him before."
She explained that it was a last resort. The noise from the building site had caused him to put his head through a window. He was in his classroom or sensory integration room at the time. His family had built the room on to the house for him.
Special conditions
Mrs Hayes said that both the developers and the Borough Council were aware of her son's situation before construction began. "We objected to the development. It went to a hearing with An Bord Pleanála. They accepted all the medical evidence on our behalf but said it wasn't in their remit to stop it." Instead the Bord laid down special conditions and the development was granted planning permission. The Hayes family says they have broken the conditions repeatedly.
One of the main conditions was for the developers to relocate the family. This would not have been easy, said Mrs Hayes.
"We couldn't just land Eric in a new house. It would have to be a transition process. But, we were willing to do it for Eric," she said. "We need to be near the hospital in case of seizures or accidents. We can't take off into the countryside miles away."
The company told the family to find a suitable house in order to carry out a house swap. "We did find an appropriate house with enough space for plenty of exercise on the go-cart," she said. "That deal fell through. They said it was too expensive and wanted us to borrow the rest."
So the family went back into talks with the Borough Council and the developers. At the last meeting, Mrs Hayes said, representatives of both the Borough Council and the developer reached a deal and shook hands with the family.
Reneged
"They reneged on what they agreed," she said. "In the meantime, while that's going on, they are still breaching all the conditions laid down." She said her husband had video evidence to prove this. "John Joe got a video to prove they're working outside hours and that construction traffic is using the Hebron Road." Using other roads and streets was another condition of the planning permission
John Joe Hayes has had to change his working hours completely while the construction is going on. He no longer works during the day and begins at 7pm instead, so that he can take his son away during the noisy building work.
"But, as long as they work after hours, John Joe can't go to work until they finish," said his wife, adding that his job was not really suitable for night hours. "His boss is very good and understanding but we don't know if it's indefinite."
She said her husband drives their son around for hours so he does not have to suffer. "Two hours at a time around the countryside, into other counties sometimes," she said. "It's very hard to keep that up also."
Regret
MacDonagh Junction Developments Ltd told the Kilkenny People it "regrets the protest". It said the planning conditions attached to its permission, imposed noise restrictions during construction in order to meet the Hayes family's concerns.
"MacDonagh Junction Developments Ltd and its contractors, through regular noise monitoring during construction, have ensured these noise restrictions have been fully complied with," it said in a statement yesterday (Tuesday). "MacDonagh Junction Developments Ltd accepts that there were concerns in relation to the hours of work on site - this has since been addressed and is no longer an issue."
The company said it was surprised by the protest as it believed discussions were ongoing regarding when and where the family would relocate. "We will continue dialogue between our solicitor and the Hayes family solicitor in an effort to move forward and resolve the situation."
Court
Meanwhile, Kilkenny Borough Council has commenced enforcement proceedings in the case. They relate to breaches of working hours as permitted by a condition of the planning permission issued to the original developers, Chesterbridge Developments Ltd.
The case against the contractor was adjourned by Kilkenny District Court until October. As the matter is before the court, the council said it could not comment.
Mrs Hayes said her family did not take the decision to protest lightly. She said they had got nowhere with their negotiations but were hopeful that their demonstration would move things along. "Hopefully, we won't have to protest again but we will if we have to."

Cabaal

Interesting stuff, nice to see that once again big companys stick to the rules :rolleyes:

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But in fairness to the company, they have offered to move the family to another home. The family didn't accept this offer.
They can't just stop construction thus. The city needs this development to secure it's future and think of the jobs it will provide.

Cabaal

mfitzy wrote:

But in fairness to the company, they have offered to move the family to another home. The family didn't accept this offer.
They can't just stop construction thus. The city needs this development to secure it's future and think of the jobs it will provide.

RTFA,
The company would fit the full bill and wanted the family to borrow the rest of the money required

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Cabaal wrote:

RTFA,
The company would fit the full bill and wanted the family to borrow the rest of the money required

I missed that (big) detail in the article. Seems pretty stingy of the company not to stump up. Surely for goodwill alone they could their rent when moved.
My sincerest apologies Cabaal.