Written answers

Wednesday, 20 April 2016

Department of Environment, Community and Local Government

Noise Pollution

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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466. To ask the Minister for Environment, Community and Local Government his views on the case of persons (details supplied) in County Kerry who have reported an issue to the local authority; and if he will make a statement on the matter. [7444/16]

Photo of Alan KellyAlan Kelly (Tipperary, Labour)
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Whenever a person considers a noise to be so loud, so continuous, so repeated, of such duration or pitch or occurring at such times that it gives reasonable cause for annoyance, he or she can initiate action to deal with it, for example, by engaging with the individual causing the noise to come to some mutually acceptable understanding, or by contacting their local authority, which may initiate proceedings on grounds of noise nuisance under the section 107 of the Environmental Protection Agency Act 1992.

Furthermore, section 108 of this Act also provides for any person, or group of persons, to seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The task of the District Court is to hear both sides of the case. Where it finds in a complainant’s favour, the Court can order the person or body making the noise to reduce it to a specified level, to limit it to specified times, or to cease altogether. 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 procedural and legal avenues available to persons experiencing noise nuisance, is available on my Department’s website at the following link:.

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