Noisy factory - help please!

the goon

Hi all,

I would really be greatful for any suggestions on this. I live in a terraced house second from end. It is in a quiet area except for the small factory twenty yards away!
I have no problem with noise during normal business hours but the problem is it runs 24/7. The noise at night is pretty consistent until maybe 12.30 or 1 a.m, or if we are really unlucky, later. The noise includes:

a sound which could only be described as like a sheet of metal being hit with a hammer

a rumbling sound like thunder: this banging sound seems to be like drums being dropped to the ground.

constant background noise from a fan unit.

This noise is consistent and can last for long periods before we get a temporary lull. It is clearly heard through our double glazing and is causing us great agitation as we are unable to get peace and quiet.

Can anyone give me advice on how to address this? I have tried talking with the owner but over the course of three months this has had no results.

Is the only other option the district court or could something else be done?

It would be hard to unite neighbours as most are renting and regularly change.

All suggestions really really appreciated!

latenia

Didn't you see the factory when you looked at the house? They don't tend to work business hours either...

aujopimur

Your local authority should be your first place to consult with regard to planning or noise/ nuisance matters.

the goon

Aujopimur, thanks for the reply. Already contacted them, got very little help. Basically dont want to know about. Basically told me to take it to court.

Latenia, noise at night started significant length of time after we moved in.

zyndacyclone

If the local council are unwilling to help, you can pursue the matter yourself in district court under the Environmental Protection Agency Act of 1992.
http://www.irishstatutebook.ie/1992/...007/index.html [See Sect. 4]

The Citizen's Information Center explains what's covered under the act and how to go about taking the matter to district court.
http://www.citizensinformation.ie/en...gulations.html [It's pretty straightforward.]

The penalties are stiff enough, E3000 fine and/or 12 months in prison, that your neighbors should take it seriously.

The Environmental Protection Agency was very helpful when a friend of mine had a similar problem in the past. Their website is: http://www.epa.ie/about/contact/

Hope this helps

the goon

Zyndacyclone, thanks very much for that info, its a great help. Cheers!

Sikie

If the company has a IPPC license you can check this out on the EPA website you could complain directly to the EPA and the office of environmental enforcement

the goon

Hi Sikie how would I go about finding out if they have an IPPC license? Thanks

TroutMask

Sounds like a hellish situation. Your Local Council should be sending an officer from their Noise Control unit to help you, so if they're putting you off, resubmit your request in writing.

In the meantime you can do a lot, here is a list that I found helpful:

1) Keep a diary of all noise nuisance occurrences with details like time, date, what happened. This is really important as, if you (or the Local Council) go to court, the diary will be used to give evidence when you are sworn in. Keep it accurate and factual. Photographic evidence can be powerful: a midnight noise nuisance event corroborated by, say, a photo of large machinery parked on your street can be quite powerful evidence in court. Email calendars are good for this as you can print out the diary by date. If there is anything else that this business does, e.g., trucks illegally parked, rubbish strewn about, ill-maintained facade, take pictures of that too.

2) write to the business involved, and request that the noise nuisance stop. Keep a copies of all correspondence. Don't worry if they don't write back, in fact, this is better in court if they ignore you. Keep writing periodically even if the problem persists. You've already spoken with the owner, reflect this fact in your first letter.

3) noise nuisance laws in this country are woefully inadequate, and cynical noise nuisance offenders will exploit this fact. The legislation was due an upgrade, but the govt. seems preoccupied these days, so it's unlikely to change soon. Still, a sympathetic judge will place an injunction on an offender esp. if they have shown inconsiderate behaviour.

4) try not to be sidetracked by the offender, or put off by any undertakings. If the owner gives verbal undertakings, then write these out and send them back to the person in a letter. Accept the undertakings in good faith, but if they do not deliver then write again highlighting this fact.

5) Stay cool - if you react to the offender in any way, they can use it against you, e.g., they might claim in court that you were abusive. The more coherent and focussed your approach, the more likely it is that you will succeed. Easier said than done, as noise nuisance situations can be very stressful.

6) keep looking for local support, you might be surprised. People renting tend to move rather than lodge noise complaints, but you might find allies if you persist. In any event, the courts can be made aware of this particular aspect of the case.

7) play it cool with the local council if they get involved. Proceed on a need-to-know basis with them.

the goon

Troutmask, thanks for all that, it really gives me an idea of how I should be approaching this. As it happens, I have a diary (so when I a went to council I could back up my claim) and many many videos of offending noise.

Interesting info about the facade of the building given that it is very poor. I actually highlighted it as health and safety risk given that it attracts the young children around the area.

Thanks a milion, you really outlined a succinct approach!

TroutMask

you're welcome! Good luck with it - went through the same thing myself.

Sikie

http://www.epa.ie/terminalfour/ippc/index.jsp

The EPA website has a search page to allow individuals find businesses that have IPPC licenses and look up the details within these licenses and the on going requirements around the business and what the business is required to do under the law to protect the environment

antoinolachtnai

It is worth talking to a planning consultant. It could well be unauthorized development.

the goon

Thanks very much for all the helpful advice. I have a far better idea how to deal with it now