Few Questions...

skye

Hi folks, just a quick question about building work. Am trying to find out the laws regarding noise from building sites. Where I live it's going on all around me which is something you just have to accept - however I have a major problem with the hours and levels of noise from these guys. It starts at 7 am with cement mixers, tile cutters, JCBs...the list goes on. This will continue till 7pm ( and has continued till 1am on occasion...) 6 sometimes 7 days a week.

I don't think that this is acceptable in a residential area early mornings and late evening. Also the avenue of the estate is a complete mess - like living in a farm with all the muck and dust. The fronts of our houses are filthy, doors, windows and even our cars. Are they not supposed to clean the area up weekly? And finally, all the builders park their cars / vans along the avenue right outside our homes leaving the residents no-where to park. Have witnessed them racing each other to a parking spot outside the site the minute that a resident drives off!!! Is this allowed or do we have any rights regarding this?

If anyone can help I would be grateful - should I contact the Contractors or the local council? Any advice greatly appreciated.

Wishbone Ash

skye - you may get some info here:


http://www.irishstatutebook.ie/ZZA7Y1992.html


Evvironmental Protection Agency Act 1992


106.—(1) The Minister may, following consultation with any Minister of the Government who in the opinion of the Minister is concerned and with the Agency, make regulations for the purpose of the prevention or limitation of any noise which may give rise to a nuisance or disamenity, constitute a danger to health, or damage property.

(2) Without prejudice to the generality of subsection (1), regulations under this section may provide for all or any of the following—

( a ) controlling sources of noise,
( b ) (i) specifying maximum limits for noise either generally or in specified areas or classes of areas,
(ii) specifying maximum limits for noise emissions, from or into premises or classes of premises, either generally or at specified periods, or
(iii) specifying maximum limits of noise levels in prescribed premises,
( c ) regulating the operation, including licensing, of trades, processes or works, including the timing and control of movements of vehicles and the operation of engines and plant which are, or may be, sources of noise,
( d ) limiting or prohibiting the use of loudspeakers in or adjoining public places, including different provisions for different places or classes of places and at different times, and subject to such exceptions as may be specified,
( e ) the measurement of noise and the investigation of noise effects, or
( f ) the imposition of charges or the payment of fees for the purposes of the regulations or for services performed thereunder.
(3) The Act of 1963 is hereby amended by the addition at the end of Part IV of the Third Schedule of the entry: "14. Securing the reduction or prevention of noise.".

107.—(1) Where it appears to—

( a ) a local authority in relation to any premises, processes or works, other than an activity for which a licence is required under Part IV, or
( b ) the Agency in relation to an activity for which a licence is required under Part IV but has not been issued,
that it is necessary to do so for the prevention or limitation of noise, the local authority or the Agency, as the case may be, may serve a notice on the person in charge.

(2) A notice pursuant to this section shall indicate requirements for the prevention or limitation of the noise and may—

( a ) specify the measures which appear to the local authority or the Agency, as the case may be, to be necessary in order to prevent or limit the noise,
( b ) direct the person on whom the notice is served to take such measures as may be specified in the notice to prevent or limit the noise, and
( c ) specify a period, which the local authority or the Agency, as the case may be, considers reasonable in all the circumstances of the case, within which such measures are to be taken.
(3) A person on whom a notice under this section has been served may, within such period as may be specified in the notice, make such representations in writing as he thinks fit to the local authority or the Agency, as the case may be, concerning the terms of the notice, and the local authority or the Agency, as the case may be, having considered any such representations, may amend a provision of the notice (including the provision relating to subsection (2) (c)) or may confirm or revoke the notice, and shall inform the person of such amendment, confirmation or revocation.

(4) A person on whom a notice under this section has been served shall, within the period specified, comply with the requirements of the notice, or, as the case may be, the notice as amended.

(5) If a person on whom a notice under this section has been served by a local authority or the Agency, as the case may be, does not, within the period specified in the notice or in the notice as amended, as the case may be, comply with the requirements of the notice or the notice as amended, the local authority or the Agency, as the case may be, 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.

(6) It shall be a good defence, in a prosecution for a contravention of this section in the case of noise caused in the course of a trade or business, for the accused to prove that—

( a ) he took all reasonable care to prevent or limit the noise to which the charge relates by providing, maintaining, using, operating and supervising facilities, or by employing practices or methods of operation, that, having regard to all the circumstances, were suitable for the purposes of such prevention or limitation, or
( b ) the noise is in accordance with—
(i) the terms of a licence under this Act, or
(ii) regulations under section 106.
(7) A register of notices issued, amended or revoked by the local authority or the Agency shall be kept at the office of the local authority or the Agency, as the case may be, and be available for public inspection free of charge during office hours and copies of entries shall be provided on request to any person on payment by him to the local authority or the Agency, as the case may be, of such fee (if any) as the local authority or the Agency, as the case may be, shall fix not exceeding the reasonable cost of making the copy.


108.—(1) Where any noise which is so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance to a person in any premises in the neighbourhood or to a person lawfully using any public place, a local authority, the Agency or any such person may complain to the District Court and the Court may order the person or body making, causing or responsible for the noise to take the measures necessary to reduce the noise to a specified level or to take specified measures for the prevention or limitation of the noise and the person or body concerned shall comply with such order.

(2) It shall be a good defence, in the case of proceedings under subsection (1) or in a prosecution for a contravention of this section, in the case of noise caused in the course of a trade or business, for the accused to prove that—

( a ) he took all reasonable care to prevent or limit the noise to which the complaint relates by providing, maintaining, using, operating and supervising facilities, or by employing practices or methods of operation, that, having regard to all the circumstances, were suitable for the purposes of such prevention or limitation, or
( b ) the noise is in accordance with—
(i) the terms of a licence under this Act, or
(ii) regulations under section 106.
(3) Before a complaint is made to the District Court under subsection (1) the local authority or the person concerned, as the case may be, shall serve a notice in the prescribed form of the intention to make such a complaint, within such time as may be specified in the notice, on the person alleged to have made or have caused or have been responsible for the noise.

(4) This section shall not apply to noise caused by—

( a ) aircraft, or
( b ) such statutory undertaker or local authority, as may be prescribed, in the exercise of powers conferred on it by or under any enactment in such circumstances as may be prescribed.

skye

Great stuff - thanks for that. Can you advise me on whom I should make my complaint to? Should I take it to the local council? Have you any ideas on the other points? It's so hard to find any specific information on this and I would like to know where I stand before I move on it.

Wishbone Ash

The environment section of your local authority should be your first step.

skye

Ok - thanks again!!

RIRI

I thhink you should give the contractor the opportunity to sort this out before you take any further action. Call their head office & ask to speak to the environmental officer - follow up your conversation in writing. The local authority will ask if you have tried to resolve the situation amicably & it is only fair to give them the chance. Any reputable contractor will act on your complaint. In fairness though the workers have to park somewhere & it is a publi reoad so as long as the vehicles are taxed & not causing an obstruction there little can be done, as regards the dirt - it is a building site after all!

grumpytrousers

skye wrote:

Ok - thanks again!!

it tends to be a condition of planning permission that certain limits are adhered to...so, if you wanted, you could ask for copy of the PP...it gives you a bit more ammunition...but the other posts here regarding having a quiet word with the developer first make sense!

skye

RIRI wrote:

I thhink you should give the contractor the opportunity to sort this out before you take any further action. Call their head office & ask to speak to the environmental officer - follow up your conversation in writing. The local authority will ask if you have tried to resolve the situation amicably & it is only fair to give them the chance. Any reputable contractor will act on your complaint. In fairness though the workers have to park somewhere & it is a publi reoad so as long as the vehicles are taxed & not causing an obstruction there little can be done, as regards the dirt - it is a building site after all!

I have spoken to some of my neighbours who have already approached the contractor through the head office - to no avail. Whilst I understand that they need to park somewhere is it acceptable to take all resident spaces? They also sit in the cars on breaks staring in at us - which I don't like at all. Feels like leering...... and they also discard their rubbish out the doors where-ever they feel like. Is there not an obligation for them to do a "clean up" or something on a weekly basis? I'm sure they have to clean the roads (although most don't) - so why not the avenue into the estate? Our cars and houses are filthy - windows must be kept closed to prevent it in the house.

Thanks for all help so far.