Noise Nuisance
The Environmental Noise Directive (2002/49/EC) aims to put in place a European wide system for identifying sources of environmental noise, informing the public about relevant noise data and taking the necessary steps to avoid, prevent or reduce noise exposure.
Perceived Noise Nuisance
There are no statutory 'neighbourhood' noise limits in the Republic of Ireland at present. However, in certain cases, a 'legal remedy' may be available to an individual seeking redress (See below).
In some cases, Wexford County Council includes conditions regulating noise when granting planning permission for certain types of development. Such conditions could relate to the construction and/or operation of the development. Where breaches are suspected, reported or detected, enforcement action is taken by the Council under the Planning Acts.
The Environmental Protection Agency (EPA) issues 'Integrated Pollution Prevention and Control' (IPPC) Licences to operators of certain large industrial sites, such licences commonly include conditions regulating noise. Where breaches are suspected, reported or detected, the EPA itself, as the issuing authority responds accordingly. If Wexford County Council receives a report of a suspected breach of an IPPC Licence, it refers the report to the EPA for investigation, the council has no jurisdiction to investigate.
A 'National Protocol for Dealing with Noise Complaints for Local Authorities' was developed in 2016 and it is the policy of Wexford County Council to adhere to the guidance in this document in the interests of applying best practice.
Legal Remedies for Perceived Neighbourhood Noise Nuisance
Sections 107 and 108 of the Environmental Protection Agency Act, 1992 offer potential legal remedies to local authorities and members of the public seeking to limit 'neighbourhood' noise nuisance.
Section 107 of the Act enables a local authority to serve a Notice requiring certain measures to be taken to limit noise. However, the instigation of subsequent court proceedings by the local authority, in respect of an alleged breach of the terms of such a Notice may, for legal reasons, take some time and the collation of a large body of evidence. Generally speaking, this course of action is undertaken only where a public nuisance is being alleged.
Section 108 of the Act offers a remedy through a simpler legal procedure to an individual wishing to instigate proceedings at District Court level in respect of a private nuisance e.g. a householder who perceives noise nuisance from a neighbouring property or business etc., if he/she 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.
However, Section 108 does not apply to noise attributable to aircraft, local authorities or statutory undertakers (e.g. utility companies etc.).