Noise & Control of Noise
In Ireland, the principal law relating to noise can be found here.
Local Authorities have powers to serve a notice on any person in charge of premises, processes or works, other than an activity which is licensable under IPC, when they consider that it is necessary to do so in order to prevent or limit noise.
A Local Authority, the EPA or any other affected person may complain to the District Court under Section 108(1) of the EPA Act, where any noise is so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause or annoyance to a person in any premises in the neighbourhood, or to a person lawfully using any public place.
Leitrim County Council's Environment Section - Protocol for dealing with Noise Complaints:
What constitutes a noise complaint?
Environmental Noise means unwanted or harmful outdoor sound created by human activities.
Noise can generally be regarded as a "nuisance" if it is loud, so repeated, of such pitch or of such duration that it causes annoyance to people.
Noise nuisance is categorised as being either "private nuisance" or a "public nuisance".
"Private nuisance" would apply where the noise in question is considered to be interfering with an individual's enjoyment and use of their property.
"Public nuisance" would apply where there is a threat to the health and / or comfort of the public / community as a whole.
Options to resolve a noise complaint:
It is recommended that those affected by noise nuisance should, in the first instance, raise the matter directly with the person or body responsible for creating the noise. However, it is accepted that this may not always be possible or indeed lead to a resolution and in those circumstances; affected parties may wish to make a complaint.
Types of noise complaints that will be dealt with and those that may not be dealt with:
The Environment Section, while it may act as the principle point of initial contact for the majority of noise complaints submitted, it should be noted that noise issues in certain cases are referred to the relevant section within the local authority to be dealt with e.g.
- Traffic and Transport related noise will be referred to the Roads Section.
- Planning Enforcement related noise issues will be dealt with by the Planning Section.
- Noise arising from Local Authority Rental properties is dealt with by the Housing Section under the terms of the relevant Tenancy Agreement.
Anonymous Complaints:
Leitrim County Council will not investigate or pursue noise-nuisance complaints which are received anonymously including those that do not offer contact details such as a phone number or an address where noise nuisance is being experienced.
Complaints relating to Public Noise Nuisance:
Leitrim County Council will investigate and, where warranted and feasible, will pursue action up to and including enforcement action in relation to all such complaints.
Complaints relating to Private Noise Nuisance:
There are two main categories of Private Noise Nuisance complaints:
Private Noise Nuisance arising from a commercial source e.g. noise from a commercial or industrial premises, music from a bar etc. Leitrim County Council will investigate where the nuisance is deemed significant and may potentially become a threat to the wider community and, where it is deemed warranted and feasible, may pursue action up to and including enforcement action.
Private Noise Nuisance arising from a domestic source e.g. house parties, loud music etc. Leitrim County Council will not pursue enforcement action in relation to such complaints, except in exceptional circumstances but may act as mediator in such cases but firstly encourage each party to engage to find a solution.
In determining whether noise is a nuisance, a number of factors are taken into consideration including whether it is substantial and/or unreasonable, and the locality, duration, frequency and time of the noise.
Priority will be given to the investigation of those complaints which are deemed high priority, i.e. those that may cause the greatest impact. All other complaints will be dealt with in order of receipt.
In the event that Leitrim County Council decide not to pursue enforcement action in relation to noise nuisance complaints, any person(s) affected may consider taking court action themselves as provided for under The Environmental Protection Agency Act 1992, Section 107 - click here for details.
A guide on the noise regulations and on the steps you can take can be found here.
A guide to the Noise Regulations issued by the Department of Climate, Energy & Environment (here) 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. There is also a useful page on the Department's website here - Make a Noise Nuisance Complaint.
Examples of where Leitrim County Council will not, and cannot, become involved in noise complaint investigations and where alternative, more suitable avenues are available:
- Leitrim County Council will not investigate Neighbour Disputes relating to noise. Please refer to this leaflet for guidance on these types of disputes 'Neighbour Disputes'.
- Anti-social behaviour - these matters should be referred to An Garda Síochána.
- Dogs Barking - refer to Section 25 of the Control of Dogs Act 1986 which deals with nuisance by barking dogs.
- Where the noise source is at a premises which is licenced by an outside agency such as the EPA or Forest Services (DAFM) etc - refer to specific agency / authority.
- Aircraft Noise - The Irish Aviation Authority is responsible for dealing with noise from aircrafts to these complaints should be referred to them.
- Mystery Noise - Leitrim County Council will not investigate complaints relating to private residences / single individuals where the source is unidentified and / or indiscernible.
Complaints about noise nuisance should be made directly to Leitrim County Council's Environment Section by emailing environment@leitrimcoco.ie or by contacting the Customer Services Department directly.
Where feasible, a Noise Log should be used to report incidents of noise nuisance and the maximum amount of detail possible should be provided. The relevant form is is available to download here.
This Noise Management protocol has been developed in accordance with recommendations as set out in The Environmental Protection Agency's National Protocol for Dealing with Noise Complaints for Local Authorities (NIECE 2016).