Noise Pollution Recent Developments Speaker: Finola McCarthy

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Noise Pollution Recent DevelopmentsSpeaker
Finola McCarthy

Law and the Environment 2007
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Noise Pollution

• No comprehensive regulatory regime
• Definition
• "Environmental Pollution" includes.... noise
  which is a nuisance, or would endanger human
  health or damage property or harm the environment
• Subjective
• No statutory noise limits for ambient noise

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EPA Act 1992 Section 106-108

• Section 106
• Minister has power to make regulations
• The Environmental Protection Agency Act 1992
  (Noise) Regulations, 1994 (S.I. No. 179 of
  1994)

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EPA Act 1992 Section 106-108

• Section 107
• local authority power to issue noise notice
• if it appears to local authority to be necessary
  for the prevention or limitation of noise
• can impose a maximum noise limit and state
  measures to be taken
• representations can be made within prescribed
  period
• no right of appeal
• no statutory mechanism for removing the notice
• non-compliance is an offence
• reasonable care defence

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EPA Act 1992 Section 106-108

• Section 108
• District Court Complaint Procedure
• noise "which is so loud, so continuous so
  repeated of such duration or pitch or occurring
  at such times as to give reasonable cause for
  annoyance
• court order requiring measures to be taken to
  prevent or limit the noise
• no fine
• reasonable care defence

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EPA Act 1992 Section 106-108

• Section 107 and 108 in practice
• Section 107 Notice
• Not widely used
• can be used pre emptively
• Section 108
• inadequacies
• limited remedy
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Courts Service Statistics
 
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Other means of noise control
     
   
   
   
 
 

• Planning and Development legislation
• Conditions in planning permission
• Planning enforcement
• Review of Building Regulations
• Control by EPA
• Condition in IPPC/waste licence
• Notices of non compliance
• Noise abatement measures

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Noise Bill 2006

• November 2006 Private Members Bill
• to provide for effective control of noise
  emitted from various sources, powers to seize
  offending equipment and related matters
• Complaint to noise control officer
• If night time noise (11 pm to 7am) - NCO can
• Serve warning notice
• Seize equipment
• Impose fixed penalty of 200
• Prosecute with fine of 1,500

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Noise Bill 2006

• Day time noise (7am 11 pm) NCO must issue
  Section 107 notice
• Permitted noise levels (35dB if background noise
  lt25dB or 10dB if background noise gt 25dB)
• Intruder alarms
• Car alarms
• Excessive dog barking
• Open air events
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Criminal Justice Act 2006

• In force since 1 January 2007
• ASBO
• significant or persistent impairment of
  enjoyment/use of property

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EU Developments

• Environmental Noise Directive (2002/49/EC) (END)
• implemented by Environmental Noise Regulations
  2006
• strategic noise maps for major roads, railways,
  airports and urban centres
• action plans to reduce noise
• noise map of Dublin required by 30 June 2007
• EPA has overall responsibility
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EU Developments

• Directive (2002/30/EC) relating to airports
• implemented by SI 645 of 2003
• applies to airports with over 50,000 take offs
  and landings per annum
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European Convention on Human Rights Act 2003

• In force since 1 January 2004
• Incorporates ECHR into Irish law
• Applies to all organs of the state (includes
  local authorities, and EPA)
• Public bodies required to perform functions in
  convention compliant manner

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European Convention on Human Rights Act 2003

• Cases
• Moreno Gomez v Spain (Strasbourg 2004)
• noise from night clubs and bars
• Dennis v Ministry of Defence (English High Court
  2003)
• noise from training missions of military planes 
• Hatton v UK (Strasbourg 2003)
• Residents living hear Heathrow airport, balance
  between economic interests and interests of
  private residents
• R v Moshe Rottenberg (English High Court 2007)
• noise from religious school mere irritation but
  not nuisance

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• IN CONCLUSION