Storm Éowyn Response
Work to address storm damage will continue throughout the weekend by Laois County Council crews.
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Laois County Council may monitor environmental noise levels and take action to prevent noise that is a nuisance, endangers human health, damages property or the environment.
Noise becomes a nuisance when it is so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance. (Ref. Environmental Protection Agency (Noise) Regulations 1994.
Irish law legislates for noise pollution under the Environmental Protection Agency Act, 1992 and the Environmental Protection Agency Act (Noise) Regulations 1994 (SI No 179 of 1994). While the law does not specifically mention an exact noise level or standard that is considered illegal, it is clear that if neighbourhood noise is affecting the quality of life of a citizen, then that citizen has a right to complain.
Laois County Council will not investigate or pursue noise complaints which are received anonymously. This is due to the inherent difficulty in identifying and assessing the impact of noise in these circumstances.
Laois County Council deal with nuisance noise complaints from commercial and industrial activities. In determining whether noise is a nuisance, a number of factors are taken into consideration including whether it is
Where the noise nuisance is deemed significant Laois County Council may initiate an investigation where it is warranted and feasible. In cases where Laois County Council decide not to investigate an individual has direct recourse to bring the complaint to the District Court under Section 108 of the Environmental Protection Act 1992, and the Court may order the person or body making, causing or responsible for the noise to take the measures necessary to reduce the noise to a specified level or to take specified measures for the prevention or limitation of the noise and the person or body concerned shall comply with such order.
Laois County Council encourages the affected person to approach the person causing the noise nuisance, and explain that it is a burden and try to come to a mutually acceptable solution. If this fails, the affected person can make a formal complaint to the District Courts and seek an order to deal with the noise nuisance. Contact the Laois Court Office for more information.
The Court may order that the noise be reduced, restricted (e.g. confined to a specific time) or stopped completely.
The District Court charges a nominal fee for processing the action.
The Court may order that the noise be reduced, restricted (e.g. confined to a specific time) or stopped completely.
The Department of Climate Action & Environment have issued Guide to the Noise Regulations which can be useful to those needing assistance and outlines the steps open to you under the law and District Courts when you are experiencing nuisance caused by noise.
You may find the following the information available on the Courts Service website useful: https://www.courts.ie/rules/objections-renewal-intoxicating-liquor-licences-forms-renewal-certificate-forms-renewal.
Complaints regarding nuisance noise arising from a private residence are essentially domestic disputes and are not within the remit of Laois County Council. These complaints can be dealt with by bringing the complaint to a District Court hearing under Section 108 of the Environmental Protection Act 1992. A noise log sheet is a useful tool in gathering evidence for a District Court hearing.
Nuisance noise arising from a rented accommodation, the Residential Tenancies Act 2004 imposes minimum statutory obligations on landlords and tenants of private residential tenancies. The Act also provides for third parties who are adversely affected by a failure on the part of a landlord to enforce tenant obligations to refer a complaint to the Private Residential Tenancies Board in accordance with the procedures in the Act. All privately-rented properties must be registered with the PRTB therefore it is recommended to check if a property is registered by contacting the PRTB.
The tenancy agreement is the legal basis of the relationship between the local authority and its tenants and will typically contain provisions in relation to the type of behaviour that is acceptable and that which is not. The local authority is empowered under Section 62 of the Housing Act 1966 to initiate proceedings to secure an eviction where a tenant has breached the conditions of the tenancy agreement. Please contact Laois County Council Housing Department if you have a complaint regarding the behaviour of one of our tenants.
Useful Links
Environmental Protection Agency (epa.ie)
Health and Safety Authority (hsa.ie)
Additional resources:
Irelands Environment (askaboutireland.ie) | Monitoring and Assessment: NoiseEnvironmental Protection Agency (epa.ie) | Noise Pollution (citizensinformation.ie) | Laois County Council |
For further information and guidance please visit Enfo website