Noisy gym

Taine

Hope somebody can point me in the right direction. We live near a gym that run trx type classes that seem to start at 6.30am most mornings.

The problem is that the noise (music and the instructor roaring at the class through what sounds like a microphone) coming from it wakes us up and is just ridiculously loud. It also runs classes late enough in the evenings aswell. We have 3 small kids and my wife is currently pregnant and there is no doubt that the noise will wake the newborn when they arrive as our bedroom window faces the direction of the gym.

At times it does actually sound like we live beside a nite club, due to the music. That is not an exaggeration. We have contacted the owner who faked an apology and promised to keep it down but that lasted only a couple of days. One of our neighbours also had dealings with him last year about it, but there was no lasting effect. So I'm just wondering what would the next step be. Management company? Or council?

Problem is its an area that was built by a company that has since gone bust and the council haven't it to taken in charge yet so would they just fob us off?
Thanks in advance.

Peregrinus

You want the Council. It doesn't make any difference that they haven't taken the roads and services in the area in charge. Under the Environmental Protection Act, the Environmental Protection Authority enforces noise nuisance laws against premises that are licensed under the Act, and local authorities against all other premises. The Gym doesn't need a licence under the EPA, so noise problems are the Council's concern. This is in no way connected to the taking of roads and services in charge.

Keep a diary recording the problem, and when it occurs, and recording your attempts to resolve the matter with the gym owners/managers. See also if you can get any of your neighbours onside. Then approach the Council.

If you get no joy from the Council, you can always take the gym to the District Court yourself. But try the Council first.

More info here.

Taine

Thanks very much, very helpful.

conorh91

Taine wrote: »

Problem is its an area that was built by a company that has since gone bust and the council haven't it to taken in charge yet so would they just fob us off?

That's not particularly relevant, what's perhaps more relevant is the character if the area, or even the street.

The High Court case of O'Kane v Campbell is a classic authority in private nuisnace: a 24 shop on sleepy Glengariff Parade would be an actionable nuisance; the same shop on the adjacent North Circular Road would not be an actionable nuisance.

There are many more factors to consider, but that's one that jumps out from reading your post.

Another factor is that the nuisance most be substantial in the minds of reasonable people, but it seems you meet that condition quite easily. It must be infuriating. Those spin classes and accompanying music are so odious to the human ear. You have my sympathy.

enfant terrible

Peregrinus wrote: »

You want the Council. It doesn't make any difference that they haven't taken the roads and services in the area in charge. Under the Environmental Protection Act, the Environmental Protection Authority enforces noise nuisance laws against premises that are licensed under the Act, and local authorities against all other premises. The Gym doesn't need a licence under the EPA, so noise problems are the Council's concern. This is in no way connected to the taking of roads and services in charge.

Keep a diary recording the problem, and when it occurs, and recording your attempts to resolve the matter with the gym owners/managers. See also if you can get any of your neighbours onside. Then approach the Council.

If you get no joy from the Council, you can always take the gym to the District Court yourself. But try the Council first.

More info here.

Also record the noise from inside your apartment with date and times.

Taine

conorh91 wrote:

The High Court case of O'Kane v Campbell is a classic authority in private nuisnace: a 24 shop on sleepy Glengariff Parade would be an actionable nuisance; the same shop on the adjacent North Circular Road would not be an actionable nuisance.

The gym is just off the main street in D15 village, but across the car park from it is all residential housing. A few of our neighbours have been complaining about it aswell, but we only know of one that actually contacted him about it and from what she said it took him ages before he agreed to turn down the noise. But as I said it didn't last. Then when we contacted him he tried saying he's never had complaints about it before. Anyway thanks again, I think we'll try the council first and see what they say.

Homer

If I was you I would invest in a digital sound level meter from the likes of Maplins (around £50) and make notes of specific times and decibel levels to present to the council.

ch750536

Try talking to them first. Sometimes it solves the problem. It always helps at the next stage if you have shown you tried to be nice & reasonable about it.
See if any other the other neighbours will come over for the chat too.

gabsdot40

I know the place you're talking about. My house is one of the closest houses to the gym and it's ridiculously loud. I can often hear what he is saying/shouting over the music. I can't imagine how loud it must be in the room.
I think I might go and complain too. If he's getting complaints from few people he might be a not more considerate.

Taine

gabsdot40 wrote:

I know the place you're talking about. My house is one of the closest houses to the gym and it's ridiculously loud. I can often hear what he is saying/shouting over the music. I can't imagine how loud it must be in the room. I think I might go and complain too. If he's getting complaints from few people he might be a not more considerate.

Ya definitely do. Is the place you live beside above a laundrette? We're thinking of writing him a letter and getting some of the other neighbours to sign it too and dropping it in.

January

Is this in the Dublin 15 area by any chance?

SparkySpitfire

Taine wrote: »

The gym is just off the main street in D15 village, but across the car park from it is all residential housing.

January wrote: »

Is this in the Dublin 15 area by any chance?

Looks like it

January

Ha! I missed that, my apologies. Drop me a PM, I know the guy.

Taine

January wrote:

Is this in the Dublin 15 area by any chance?

Are you a victim of the noise too? Actually since posting this a few days ago the gym hasn't been as bad, maybe the owner is on here or one of his customers!

If you are on here, thanks. :-D

donwardo

I'm also an unfortunate neighbour who is tormented by this nuisance. I know one or two people who have approached the owner and it's usually welcomed with the same condescending line "really? No one else has ever complained about this before". Usually with the threat of going to the local authority they turn it down for a few days maybe even a week if we're lucky. I do have recordings of the sound from with in our household with our double glazed windows and doors shut. These start from as early as 6:30am until 9:30pm most weekdays.
I can appreciate its warm in a cramped space like that but maybe they should invest in an air conditioning system so they can keep the windows closed and the noise levels down.
If it does persist for much longer, then I will be taking action further. I have very young children too and it's not fair on them or us to be subjected to that abuse in our own homes!

donwardo

Ridiculous levels of noise again tonight. As per usual he only makes an effort for a few days!

January

I don't think we're all talking about the same gym here.

Taine

donwardo wrote:

Ridiculous levels of noise again tonight. As per usual he only makes an effort for a few days!

Ya noticed that alright. I'll get onto Fingal in the next few days I think. I was looking at the EPA website and they only take on the complaints once the local council have been unable to resolve the issue! Hang on to those recordings donwardo!

He might change his tune if yourself and other neighbours start popping round and disrupting these classes by turning the music down yourselves or just calling him on it in the middle of classes.
Maybe the constant interruptions and/or loss of revenue from clients who grow tired of their sessions being disturbed are what it'll take for him to take notice.

salamanca22

Deleted User wrote: »

He might change his tune if yourself and other neighbours start popping round and disrupting these classes by turning the music down yourselves or just calling him on it in the middle of classes.
Maybe the constant interruptions and/or loss of revenue from clients who grow tired of their sessions being disturbed are what it'll take for him to take notice.

No doubt they would be asked to leave and not return. If they did they would be trespassing.

Do it the right way, get in contact with the correct authorities.

gordongekko

Tell him ye are going to start protesting outside the premises during peak hours if he doesn't turn the music down.

P. Breathnach

gordongekko wrote: »

Tell him ye are going to start protesting outside the premises during peak hours if he doesn't turn the music down.

Too elaborate. Call in during the class and complain. Make sure that those who attend become aware of the issue.

Graham

P. Breathnach wrote: »

Too elaborate. Call in during the class and complain. Make sure that those who attend become aware of the issue.

If previous chats with the owner haven't worked, I'd stick to the local council route first. There's no mention of anyone having lodged a complaint yet.

If a few residents made official complaints and then followed up with a call to your local councillor that might help the process.

P. Breathnach

Graham wrote: »

If previous chats with the owner haven't worked, I'd stick to the local council route first. There's no mention of anyone having lodged a complaint yet.

If a few residents made official complaints and then followed up with a call to your local councillor that might help the process.

I'm not against going through official channels, but my understanding is that following that route might be slow and cumbersome.

If OP and/or some neighbours turned up at the premises at 6.45 a.m. asking that the noise be kept down as it is waking them and their young children, it might lead to those who attend the class taking a supporting position.

Taine

I e-mailed Fingal over the weekend. They replied this morning saying they have forwarded the details onto the environmental department. So we'll see how it goes.
Thanks for the input everyone. I'm sure there's other people on here with similar problems in different areas so I'll let ye know what happens!