Lucinda Creighton (Dublin South East, Fine Gael)
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Question 327: To ask the Minister for the Environment, Heritage and Local Government his views on introducing legislation to ban all contractors working after 9 p.m. in residential areas; and if he will make a statement on the matter. [16813/10]

John Gormley (Dublin South East, Green Party)
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The planning code provides a vehicle for controlling noise from construction works and from the use of premises for which planning permission is granted. While there are no times specified statutorily during which construction works are prohibited, on a case by case basis, conditions can be attached to individual permissions, under section 34(4) of the Planning and Development Acts to "reduce or prevent the emission or the intrusion of noise and vibration," through, for example, imposing restrictions on noise levels during the construction phase and/or imposing permitted noise levels and operating hours that are permitted in the use of the premises. It is open to anybody suffering a noise nuisance from construction works to contact their Planning Authority and ascertain if such restrictions apply and to report any apparent breaches of the planning permission granted.

In addition, a person may contact their local authority to ascertain if it will initiate proceedings on grounds of noise nuisance under the Environmental Protection Agency Act, 1992. It is also open to any person, or group of persons, to seek an order in the District Court to have noise giving reasonable cause for annoyance abated under section 108 of the Act. The procedures involved have been simplified to allow action to be taken without legal representation. A public information leaflet A Guide to the Noise Regulations, outlining the legal avenues available to persons experiencing noise nuisance, is available on my Department's website www.environ.ie.

The Government is committed to introducing comprehensive legislation on noise pollution more generally. As part of the preparatory process, extensive public consultation was undertaken during which over 200 submissions were received from the public and key stakeholders. After due consideration of these submissions, the General Scheme of a Noise Nuisance Bill was prepared and approved by the Government in May 2009 and is scheduled for publication later this year.

Given the measures outlined above which are already in place to deal with noise from construction, further legislative measures in this area are not being considered in the context of the Noise Nuisance Bill. However, it is envisaged that the Bill will provide for the development of a number of codes of practice, including in relation to noise from construction activity. The issue of the times within which construction works should be permitted to be undertaken will be among the many issues considered in the development of the relevant code of practice in due course.