District court - EPA section 108

fclauson

Could some one point me to what would need to be presented under an action concerning EPA 108 (noise)

What level of material and documentation would be required?
Would one have visibility to anything the other side would bring along prior to the case?

any other hits or tips ?

MarkAnthony

fclauson wrote: »

Could some one point me to what would need to be presented under an action concerning EPA 108 (noise)

Absolutely - google Solicitors in <insert where you live>

fclauson wrote: »

What level of material and documentation would be required?
Would one have visibility to anything the other side would bring along prior to the case?

fclauson wrote: »

any other hits or tips ?

If you can't afford a solicitor google FLAC. You really want proper advice on this and that can't be given here.

nuac

The trouble about noise cases is that expert evidence on noise is expensive.

Also some experts seem to have different methods of noise measurement.

mbeire

fclauson wrote: »

Could some one point me to what would need to be presented under an action concerning EPA 108 (noise)

What level of material and documentation would be required?
Would one have visibility to anything the other side would bring along prior to the case?

any other hits or tips ?

It would be useful for you to state where this noise is coming from. Without having more detail on the issues, a solicitor is not necessary at this stage, nor should this process cost you much, if anything at all unless it's complex issue.

This is advice to excessive noise in general, as I don't know the type/source of the noise i.e Loud music, factory, etc..

You can make a complaint by contacting;

1. The Environment Section of the relevant local authority,
2. The Environment Protection Agency, or
3. the local District Court Clerk.

The Local Authority is the first port of call. In order for action to be taken, you will need you to make an official complaint. A requirement of Section 108 states, this noise must cause "...annoyance to a person..." ie you! You will be named as the person whom this noise is causing annoyance to. If you don't want your name used then there is very little that can be done.

The following links will help you understand the process:
A Guide to the Noise Regulations
citizensinformation.ie/noise_regulations
environ.ie


Keep in mind that the above Act allows for defences and exceptions, so your issue may not be resolved if complex.

windnoiseinfo

Allow me to comment as we are working with fclauson on this

mbeire wrote: »

It would be useful for you to state where this noise is coming from. Without having more detail on the issues, a solicitor is not necessary at this stage, nor should this process cost you much, if anything at all unless it's complex issue.

This is advice to excessive noise in general, as I don't know the type/source of the noise i.e Loud music, factory, etc..

Its a windfarm where we have fully quantified noise measurement data which clearly shows a breach of planning and EPA 108

In terms of nuisance and EPA Act Sect. 108, the measured values vastly exceed the manufacture’s specification for tonality (quoted as being less than 4dB) hence protection under EPA Act 108(2)(a) cannot be relied upon.

Section 108(1) will take precedence and its straight forward to prove that the noise generated is “..so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance…” .

Importantly - we do not have the funds to go to the high court.

You can make a complaint by contacting;
The Environment Section of the relevant local authority,

Useless

The Environment Protection Agency, or

More than useless

the local District Court Clerk.
[/LIST]

Hence this post

The Local Authority is the first port of call. In order for action to be taken, you will need you to make an official complaint. A requirement of Section 108 states, this noise must cause "...annoyance to a person..." ie you! You will be named as the person whom this noise is causing annoyance to. If you don't want your name used then there is very little that can be done.

that's ok fclauson will be only too happy to put his name to this

your links to documents

Thanks - read that - we just wanted to know what happens in the district court on the day we go there - what sort of evidence we need - what opportunity is there to examine any evidence the defendant brings along.

Will the case be adjourned for more data/information gathering - could the case be adjourned time and time again etc

Keep in mind that the above Act allows for deference and exceptions, so your issue may not be resolved if complex.

We think we have the covered - if the machine is operating at 8db(A) above the manufactures CE certification document then it will be hard to justify that its acceptable.

Thanks in advance - never been in an Irish District court - just wanted to understand what actually happens, how do we need to present material, etc

nuac

If there is documentation and reports on both sides District Judge is likely to order the exchange of these and/or a meeting of these experts. If the exchanged and meeting do not sort matters judge will set a day for hearing.

Ambient noise and time are important. E.g. different noise levels at four in the afternoon as against 4 a.m.

Local authority planning enforcement activity varies. Few would have inhouse sound experts nor funds to employ such.

FreudianSlippers

No legal advice as per charter.