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Legal action for noise pollution

  • 02-08-2011 9:20pm
    #1
    Closed Accounts Posts: 13


    I'm new to boards so i'm not sure if i'm posting in the right category but i'm at my wits end and desperately need advice.
    Firstly, a bit of background: I live in a detached house outside a town in a very quiet rural area (well... apart from my neighbours!!) My family have lived here for the past 15 years and I'm here for the last 7 of those 15 years.
    For as long as we have lived here there has been a meat packing business only 20 feet away from our house. Now, there has always been a bit of noise coming from the vans that they use for delivery i.e the refrigeration units on top of the vans but it has rarely encroached upon our lives. There has always been 'noise' but not to the point of driving us crazy, although thinking back we should have complained sooner but we were going through serious family illness so you can only guess that the 'noise' was not a priority.
    Since last January though, it has gotten excessively worse. It starts in the afternoon when the vans start parking up (3-4 in total), and continues all evening and ALL NIGHT!!!! It's an intermittent thumping and actually penetrates the walls in such a manner that it sounds like a distant beat of music from a nightclub (the only way i can describe it). We have to leave our windows closed in the evening and I can't sleep in my own bed anymore as the repetitive humming is worse in there. We complained last summer and even the owner admitted there was a problem but said that they tried muffling the sound but it didn't work. This business is at the back of their house so i know that they're too greedy to rent somewhere more suitable. They even had the cheek to suggest that we move or get triple glazing!!!!!! We got someone from the local council to call to them but it was in the morning time when the vans are all out so that was a waste of time. We tried all last summer to resolve the problem but it's louder than ever and I want this to end!!! I will take any legal action possible but i don't know where to begin? Do i have any rights in this situation? They have planning for the business but God knows how the hell they got it!!!
    Any ideas would be really appreciated.


Comments

  • Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    Go see a solicitor. Legal advice can't be given here.


  • Closed Accounts Posts: 13 Sookie7


    It isn't necessarily legal advice that i'm looking for, rather a course of action in the hope of resolving the issue.
    Also, someone may know something about noise pollution laws as the noise is coming from the vans that are parked at night, therefore it's not 'stationary'.
    Thanks


  • Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    Not trying to be smart but you clearly are looking for legal advice and in any event consulting a solicitor is your best course of action.

    I sympathise entirely but this is not the place to look for answers.


  • Registered Users, Registered Users 2 Posts: 39 dazzacon


    The area of law this refers to is called nuisance, and is part of the law of torts. As no one here can give you legal advice I would suggest you pop into a book store or library and have a read up on the area and this will help you decide how to procede. I recommend you have a look at McMahon and binchys book on tort law as it is very readable for a layman and would give you all the help you need to see if you might have a case before consulting a solicitor.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    1. Check the planning permission for the plant beside you. If there are noise abatement conditions which you think are not being complied with, contact the planning authority.

    2. You do have some legal options - talk to a solicitor


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