Use of Chainsaw in Housing Estate

g6fdyotp5nj2l7

I'm just wondering what is the story with someone using a chainsaw in a Housing Estate. There's a fella who lives a few houses away who regularly uses one.

I have never complained to him about it myself but his next door neighbour did so last week and was told where to go.
Is there anything that can be done or is he entitled to work away.

Subcomandante Marcos

Braelyn Angry Tenderloin wrote: »

I'm just wondering what is the story with someone using a chainsaw in a Housing Estate. There's a fella who lives a few houses away who regularly uses one.

I have never complained to him about it myself but his next door neighbour did so last week and was told where to go.
Is there anything that can be done or is he entitled to work away.

as long as he's not using it during quiet hours he's perfectly entitled to.

g6fdyotp5nj2l7

Thanks. When are considered quiet hours

Kat1170

Can't see the problem as long as its during the day, not at all hours of the night and is only for himself and not part of a business

The Sidewards Man

Is he qualified to operate such machine, if its in a common area has he insurance? This is potentially a serious health and safety issue.

milehip

Kat1170 wrote: »

Can't see the problem as long as its during the day, not at all hours of the night and is only for himself and not part of a business

Op quiet hours imo 6/7 pm til 8 am

Seems like he is running some sort of carving business, how much firewood could you need for personal use?

g6fdyotp5nj2l7

Yes its during the day and it's in his own garden

dreamers75

What could he be regularly using one for?

The Sidewards Man

dreamers75 wrote: »

What could he be regularly using one for?

Cutting timber or carving.

g6fdyotp5nj2l7

He burns nothing but timber and he keeps it well stocked. I don't mean he's cutting every day. Could do three or four days in a row and then nothing for a while and then another couple of days.

Why on earth would someone not be allowed use a chainsaw on their own property? Can't believe this is even being asked.

Also anyone can use a chainsaw, no qualification or certification required. Have been using them since I was a teen on the farm.

The_Conductor

Marshall Aggressive Motorist wrote: »

Why on earth would someone not be allowed use a chainsaw on their own property? Can't believe this is even being asked.

Also anyone can use a chainsaw, no qualification or certification required. Have been using them since I was a teen on the farm.

Laws changed a while back.
Its legal to buy and use one.
Its illegal to lend or borrow one.
Use of a chainsaw other than on one's own private property may be subject to a license.
Actually cutting down a tree (even on one's own property) requires a felling licence.

Etc etc.

I used to be licensed (it ran out and I never renewed)- because I was on call for the county council for clearing fallen trees- particularly during winter months.

As for using it in one's own garden for cutting up logs etc- I honestly don't see how or why the person should be proscribed from doing so. Its a two stroke engine- the same as you get in a lawnmower- or indeed a moped- ok, its a bit whiney because there aren't acoustic filters etc- however, any possible harm- is almost exclusively to the person operating the saw- and not to people some distance away (if he is indeed cutting logs etc). Cutting logs can actually be more dangerous than felling trees etc (you're more liable to kickback etc- there could be nails embedded in the timber etc).

All-in-all- as long as the guy keeps on his own property with the saw- and doesn't break felling laws, antisocial hours etc- he is perfectly entitled to chop his logs.

dixiefly

What is the issue here? Is it the noise or is it the fact that he is using the chain saw at all?

Considering the other neighbour also has an issue with it there must be something beyond normal noise that can be got in a built up neighbourhood which can be persistant depending on the neighbours.

The_Conductor

dixiefly wrote: »

What is the issue here? Is it the noise or is it the fact that he is using the chain saw at all?

Considering the other neighbour also has an issue with it there must be something beyond normal noise that can be got in a built up neighbourhood which can be persistant depending on the neighbours.

It all depends- I have a kango hammer digging up the road outside my bedroom window- as I type here. I can see several of my neighbours out remonstrating with the supervisor. People may have an unreasonable expectation of privacy in a built-up area?

I honestly don't think any complainant would be seriously listened to- perhaps they don't like the noise from the guy using his chainsaw- however, it is his prerogative- and as long as hes not breaking curfew etc- then he has rights too.

Into The Blue

Braelyn Angry Tenderloin wrote: »

Is there anything that can be done or is he entitled to work away.

What would you report him for?

Sam Kade

The_Conductor wrote: »

Laws changed a while back.
Its legal to buy and use one.
Its illegal to lend or borrow one.
Use of a chainsaw other than on one's own private property may be subject to a license.
Actually cutting down a tree (even on one's own property) requires a felling licence.

Etc etc.

I used to be licensed (it ran out and I never renewed)- because I was on call for the county council for clearing fallen trees- particularly during winter months.

As for using it in one's own garden for cutting up logs etc- I honestly don't see how or why the person should be proscribed from doing so. Its a two stroke engine- the same as you get in a lawnmower- or indeed a moped- ok, its a bit whiney because there aren't acoustic filters etc- however, any possible harm- is almost exclusively to the person operating the saw- and not to people some distance away (if he is indeed cutting logs etc). Cutting logs can actually be more dangerous than felling trees etc (you're more liable to kickback etc- there could be nails embedded in the timber etc).

All-in-all- as long as the guy keeps on his own property with the saw- and doesn't break felling laws, antisocial hours etc- he is perfectly entitled to chop his logs.

Not always the case it depends the age of the tree and where its growing.

monkeynuz

The_Conductor wrote: »

Laws changed a while back.
Its legal to buy and use one.
Its illegal to lend or borrow one.
Use of a chainsaw other than on one's own private property may be subject to a license.
Actually cutting down a tree (even on one's own property) requires a felling licence.

Etc etc.

I used to be licensed (it ran out and I never renewed)- because I was on call for the county council for clearing fallen trees- particularly during winter months.

As for using it in one's own garden for cutting up logs etc- I honestly don't see how or why the person should be proscribed from doing so. Its a two stroke engine- the same as you get in a lawnmower- or indeed a moped- ok, its a bit whiney because there aren't acoustic filters etc- however, any possible harm- is almost exclusively to the person operating the saw- and not to people some distance away (if he is indeed cutting logs etc). Cutting logs can actually be more dangerous than felling trees etc (you're more liable to kickback etc- there could be nails embedded in the timber etc).

All-in-all- as long as the guy keeps on his own property with the saw- and doesn't break felling laws, antisocial hours etc- he is perfectly entitled to chop his logs.

You can cut any tree even protected ones if they are within 100 feet of your property, most lawnmowers nowadays are four stroke.

bladespin

milehip wrote:

Op quiet hours imo 6/7 pm til 8 am

Used to be 9pm to 7.30am, might have changed since I was subject to them.

bladespin

bladespin wrote: »

Used to be 9pm to 7.30am, might have changed since I was subject to them.

It's at least 9pm if not 10pm. Why anyone thinks quiet hours are at 6pm is beyond me, 6pm is day time.

0ph0rce0

Orion Little Fireman wrote:

It's at least 9pm if not 10pm. Why anyone thinks quiet hours are at 6pm is boyond me, 6pm is day time.

Last time I checked it was

11pm - 7am

Fiskar

This item may help to address the OP's issue
http://www.environ.ie/sites/default/files/attachments/pdf_version_of_guide_to_the_noise_regulations_2015_0.pdf
The 2006 Noise Regs define Night as 23.00 to 7 am, evening at 19.00 to 23.00.

In my own case I will use a chainsaw between 11 am and 7.30pm. I stop at 7.30pm to allow my neighbours watch Coronation street in peace!

BarryD

Braelyn Angry Tenderloin wrote: »

He burns nothing but timber and he keeps it well stocked. I don't mean he's cutting every day. Could do three or four days in a row and then nothing for a while and then another couple of days.

Shouldn't be an issue then - you'd cut up a fair bit of firewood with a saw in no time at all. If it's just for the person's own house, he/she could be only using it on an occasional basis. Different matter if he/ she is processing logs and selling them on.

But where are they getting all this timber from? Gathering firewood, stacking it, cutting and splitting it is time consuming but also takes up a deal of space and effort. Be kinda odd if there are trailer and tractor loads of fire logs being hauled into a housing estate?

Jimlh86

The_Conductor wrote: »

Laws changed a while back.
Its legal to buy and use one.
Its illegal to lend or borrow one.
Use of a chainsaw other than on one's own private property may be subject to a license.
Actually cutting down a tree (even on one's own property) requires a felling licence.

Etc etc.

I used to be licensed (it ran out and I never renewed)- because I was on call for the county council for clearing fallen trees- particularly during winter months.

As for using it in one's own garden for cutting up logs etc- I honestly don't see how or why the person should be proscribed from doing so. Its a two stroke engine- the same as you get in a lawnmower- or indeed a moped- ok, its a bit whiney because there aren't acoustic filters etc- however, any possible harm- is almost exclusively to the person operating the saw- and not to people some distance away (if he is indeed cutting logs etc). Cutting logs can actually be more dangerous than felling trees etc (you're more liable to kickback etc- there could be nails embedded in the timber etc).

All-in-all- as long as the guy keeps on his own property with the saw- and doesn't break felling laws, antisocial hours etc- he is perfectly entitled to chop his logs.

Are you sure it's illegal to lend or borrow a saw? I know tool hires don't hire them but that's an insurance issue. Also as mentioned felling licences are not required in a lot of cases. This lad while maybe annoying isn't doing anything wrong.

CloughCasey1

The_Conductor wrote: »

It all depends- I have a kango hammer digging up the road outside my bedroom window- as I type here. I can see several of my neighbours out remonstrating with the supervisor. People may have an unreasonable expectation of privacy in a built-up area?

I honestly don't think any complainant would be seriously listened to- perhaps they don't like the noise from the guy using his chainsaw- however, it is his prerogative- and as long as hes not breaking curfew etc- then he has rights too.

If I seen neighbours bitching about my use of a jackhammer etc etc I'd be in no rush finishing. Let them mind their own fn business!!

bladespin

The_Conductor wrote:

People may have an unreasonable expectation of privacy in a built-up area?

Privacy? He's using a saw not peering over their fence.

Wanderer78

Noisy b*starring things. Have to use one later. Neighbours must be sick of it

Kat1170

The_Conductor wrote: »

Laws changed a while back.
Its legal to buy and use one.
Its illegal to lend or borrow one.
Use of a chainsaw other than on one's own private property may be subject to a license.
Actually cutting down a tree (even on one's own property) requires a felling licence.

Etc etc.

.

I highly doubt that, I'd love to see a link to that law.

On the other hand the amount of people I would trust enough to lend my saws to can be counted on no fingers

Wanderer78

Kat1170 wrote: »

I highly doubt that, I'd love to see a link to that law.

On the other hand the amount of people I would trust enough to lend my saws to can be counted on no fingers

http://www.irishstatutebook.ie/eli/1946/act/13/section/37/enacted/en/html

jail it is for me then!

Kat1170

Wanderer78 wrote: »

http://www.irishstatutebook.ie/eli/1946/act/13/section/37/enacted/en/html

jail it is for me then!

look at the part of my post in BOLD
The part about lending/borrowing a chainsaw !!

Wanderer78

Kat1170 wrote: »

look at the part of my post in BOLD
The part about lending/borrowing a chainsaw !!

the rest in jail will be nice then

Kat1170

Nowhere in your link does it say it is an offence to lend or borrow a chainsaw

Wanderer78

Kat1170 wrote: »

Nowhere in your link does it say it is an offence to lend or borrow a chainsaw

im disappointed now. was looking forward to jail. dangerous ould things though. easy to take a limp off with them. enjoyable work though

Baby01032012

Some people have unreasonable expectations about their own area

Myself and my wife and 2 small kids were talking down our road. 5 doors down from our own house there was a tree at side of footpath not in someone's garden. Lifted our 2 year old up to touch the leaves as passing by. Woman in house bangs on her sitting room window shaking her finger while the husband run to the front door equally to tell us off no doubt.

enfant terrible

While the law does not specifically mention an exact level or standard of noise that is illegal, it is clear that if neighbourhood noise is affecting your quality of life, then you have a right to complain. If you plan to complain about excessive noise, it is generally recommended that you keep a detailed diary of the times when it occurred, the duration and, if possible, the levels involved.

You should first approach the person or business causing the noise, explain that it is a nuisance and try to come to a mutually acceptable solution.

Applying to the District Court
If this does not work, the Act allows any person, a local authority or the EPA to complain to the District Court about a noise that is ‘so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance to a person in any premises in the neighbourhood or to a person lawfully using any public place’ and seek an order to deal with the noise nuisance. There is a small fee.

http://www.citizensinformation.ie/en/environment/environmental_protection/noise_regulations.html#l3076c

Kat1170

Wanderer78 wrote: »

im disappointed now. was looking forward to jail. dangerous ould things though. easy to take a limp off with them. enjoyable work though

Ah, I'm sure one of the Mods will oblige if you try hard enough :D

milehip

BarryD wrote: »

But where are they getting all this timber from? Gathering firewood, stacking it, cutting and splitting it is time consuming but also takes up a deal of space and effort. Be kinda odd if there are trailer and tractor loads of fire logs being hauled into a housing estate?

+1 on this, does your estate border a wood thats slowly being depleted.

jd

Braelyn Angry Tenderloin wrote:

I'm just wondering what is the story with someone using a chainsaw in a Housing Estate. There's a fella who lives a few houses away who regularly uses one.

How much chainsawing can you do in you own back garden, I mean how much wood do you need for yourself. If it is a commercial activity being carried out you could probably pursue it through planning regs?

quietsailor

The_Conductor wrote: »

Laws changed a while back.
Its legal to buy and use one.
Its illegal to lend or borrow one.
Use of a chainsaw other than on one's own private property may be subject to a license.
Actually cutting down a tree (even on one's own property) requires a felling licence.

I don't know exactly what you mean by lend but some tool hire shops in Cork are still renting them out as I have gotten one recently. They are still available to the general public

Discodog

Kat1170 wrote: »

Ah, I'm sure one of the Mods will oblige if you try hard enough :D

The fine for cutting down a tree is £5

TeaBagMania

The estate residents should all chip in and buy him an Axe

RandomAccess

If he's using it 3-4 days every week then yeah that would be really annoying.

If he's running a business from his home then there are likely some steps that can be taken regarding noise levels. If he's just doing carving then maybe an electric chain saw would do him.

Anyway, I don't mind the occasional use of a saw but if it's more than that then his neighbour has a right to be aggrieved.

REXER

The_Conductor wrote: »

Laws changed a while back.
Its legal to buy and use one.
Its illegal to lend or borrow one.
Use of a chainsaw other than on one's own private property may be subject to a license.
Actually cutting down a tree (even on one's own property) requires a felling licence.

Etc etc.

I used to be licensed (it ran out and I never renewed)- because I was on call for the county council for clearing fallen trees- particularly during winter months.

As for using it in one's own garden for cutting up logs etc- I honestly don't see how or why the person should be proscribed from doing so. Its a two stroke engine- the same as you get in a lawnmower- or indeed a moped- ok, its a bit whiney because there aren't acoustic filters etc- however, any possible harm- is almost exclusively to the person operating the saw- and not to people some distance away (if he is indeed cutting logs etc). Cutting logs can actually be more dangerous than felling trees etc (you're more liable to kickback etc- there could be nails embedded in the timber etc).

All-in-all- as long as the guy keeps on his own property with the saw- and doesn't break felling laws, antisocial hours etc- he is perfectly entitled to chop his logs.

Unless of course he is a TENANT because then all bets are off!

REXER

REXER wrote: »

Unless of course he is a TENANT because then all bets are off!

Why? No reason a tenant can't use a chainsaw in their garden.

cerastes

CloughCasey1 wrote: »

If I seen neighbours bitching about my use of a jackhammer etc etc I'd be in no rush finishing. Let them mind their own fn business!!

You seem serious, I know there are people this inconsiderate, so I'm not sure if you are actually being sarcastic.

enfant terrible wrote: »

While the law does not specifically mention an exact level or standard of noise that is illegal, it is clear that if neighbourhood noise is affecting your quality of life, then you have a right to complain. If you plan to complain about excessive noise, it is generally recommended that you keep a detailed diary of the times when it occurred, the duration and, if possible, the levels involved.

You should first approach the person or business causing the noise, explain that it is a nuisance and try to come to a mutually acceptable solution.

Applying to the District Court
If this does not work, the Act allows any person, a local authority or the EPA to complain to the District Court about a noise that is ‘so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance to a person in any premises in the neighbourhood or to a person lawfully using any public place’ and seek an order to deal with the noise nuisance. There is a small fee.

http://www.citizensinformation.ie/en/environment/environmental_protection/noise_regulations.html#l3076c

I was thinking along these lines reading the thread, if someone is regularly making that level of noise then it could easily be a nuisance and for his immeditae neighbours it must be very loud, maybe even harmful levels, even if its not, I wouldnt want to put up with that on a regular basis.
Saying people are being unrealistic wanting privacy in a residential area, but where they cant escape noise like this, yet they are being expected to tolerate an unreasonable intrusion. It isn't like the guy is doing it infrequently.

REXER

Marshall Aggressive Motorist wrote: »

Why? No reason a tenant can't use a chainsaw in their garden.

Because all the Neighbours’ would be out with their pitchforks and complaining to the Landlord about the noisy tenent!
The LL would then pressure the tenant to stop use of the noisy tools just to avoid the hassle.
<mod snip >

orm0nd

[quote=The_Conducto. . Actually cutting down a tree (even on one's own property) requires a felling licence.[/quote]

There are a number of instances where a felling licence is not needled

Nekarsulm

REXER wrote: »

Because all the Neighbours’ would be out with their pitchforks and complaining to the Landlord about the noisy tenent!
The LL would then pressure the tenant to stop use of the noisy tools just to avoid the hassle.

<mod snip >

As long as the rent is paid, Landlord won't give two hoots about other neighbours complaining. Unless of course, they also live in houses belonging to him.......