Noise Nuisance

The Environmental Protection Agency Act, 1992 enables local authorities and members of the public to instigate measures to limit noise nuisance.  The instigation of court proceedings by a local authority is a longer process than  a case taken directly to the District Course by a complainant.

If you feel that you have reasonable grounds for complaint in this regard, you should take the following steps;

1. Discuss the matter with those believed to be responsible for creating the perceived noise nuisance in order to afford them the opportunity to take remedial action. Remember that in many instances, noise nuisance is not necessarily malicious.
2. Record all instances of the perceived noise nuisance in a written log (time, duration, type of noise etc.) You may be asked to produce this as evidence. You should also record all relevant communications.
3. If possible, try to obtain a sound recording as well (for similar reasons).
4. Subject to the nature of your case, you should consult with the staff of Environment Department of Limerick City Council, who will advise of what further steps can be taken and may decide to issue a notice under Section 107 of the Act, at this stage.
5. If you decide to instigate legal proceedings, the necessary documentation is available in the Environment Department but remember that as plaintiff, you must forewarn the defendant.
6. Depending on the circumstances, staff from the Environment Department may agree to testify before the court that you made a complaint to the City Council. Staff will not generally comment subjectively on the noise incident itself: rather they will confirm that the City Council has received a complaint.
7. Remember also that as plaintiff, you may be subject to cross-examination in court.