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Noise Nusiance

  • 01-10-2012 8:17am
    #1
    Registered Users, Registered Users 2 Posts: 472 ✭✭


    Hi all,
    We live in a mixed unit development. There is a restaurant under our apartment.

    At the beginning of June we reported a significant noise nuisance to said restaurant emanating from what we believe to be their extractor fan.

    They acknowledge that there was a problem and stated their intention to address this. In light of no movement in addressing this problem, we engaged an acoustic engineer to put substance to our complaint. Noise measurement was taking before and after fan was on, and showed a significant noise nuisance existed.

    We presented this report to restaurant and again we were assured that corrective action would be taken.

    We ended up having weekly meetings/conversations with restaurant which led us to believe that problem would be addressed by following week.

    Towards to end of September after no action we told the restaurant that we needed to see some action with immediate effect. My partner and I have a 6 month old child with a terminal illness that necessitated my partner take carers leave. She spends a large proportion of her day looking after our child in our one bedroom apt. The noise is significantly bad in the bedroon and this room is out of bounds for all intents and purposes while the restaurant is open.

    The restaurant told us in the middle of September that the only option open to them was to replace the extractor fan. This work was carried out last week but a significant noise nuisance remained. we engaged our acosutic engineer again who confirmed that the noise was of the same level and in fact was worse in parts of the bedroom.

    I drafted an informal letter to restaurant and informed them of his findings. I stated that we hoped they would engage a mechanical engineer and/or soundproofing expert to help remedy the problem.

    They got quite aggressive and scrunched up said letter.

    My question now, in light of failing to find a non legislative solution, should we go down the legal route and/or make a complaint to dublin city council.

    This issue has had enormous stress to an already stressful situation and we would appreciate some advice/feedback.

    Thanks


Comments

  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    paddybarry wrote: »
    My question now, in light of failing to find a non legislative solution, should we go down the legal route and/or make a complaint to dublin city council

    Why wouldn't you?


  • Registered Users, Registered Users 2 Posts: 472 ✭✭paddybarry


    We are wondering which step next would be the quickesh way of getting the Restaurant to remedy the problem. Should we try Dublin City Council or go directly to a solicitor?


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    paddybarry wrote: »
    We are wondering which step next would be the quickesh way of getting the Restaurant to remedy the problem. Should we try Dublin City Council or go directly to a solicitor?

    Council would be one port of call - a nice solicitors letter would be another.


  • Registered Users, Registered Users 2 Posts: 10,628 ✭✭✭✭Marcusm


    Another would be a call to Joe Duffy; in the circumstances, I imagine you'd get some moral pressure applied to expedite matters.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    You can't get legal advice here.

    Noise pollution can be dealt with in the District Court.

    Thread closed.


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