Dáil Éireann Debate, Tuesday - 10 November 2020
231. Deputy Darren O'Rourke asked the Minister for Environment, Climate and Communications the options available to local community groups that wish to have an independent assessment of noise conducted particularly as it might relate to industrial noise pollution; if the EPA or other authorities can assist with same; and if he will make a statement on the matter. [35305/20]
View answerSection 108 of the Environmental Protection Agency Act 1992 provides for any person, or group of persons, to seek an order in the District Court to have annoyance causing noise abated, if reasonable cause is shown. The procedures involved allow for action to be taken without legal representation. In addition, Section 107 of the Environmental Protection Agency Act 1992 provides Local Authorities with powers to require measures to be taken to prevent or limit noise. These powers are generally exercised in preventing and limiting noise from commercial and industrial premises within Local Authorities' functional areas. Information on noise pollution and the procedures involved in bringing a complaint is available on the Gov.ie website - https://www.gov.ie/en/service/make-a-noise-nuisance-complaint/
In relation to conditions attaching to all types of planning permissions, it is the responsibility of the planning applicant to comply with the relevant conditions attaching to a permission. Under the Planning and Development Act 2000, a planning authority may impose conditions on a planning permission to reduce or prevent noise emissions on a case by case basis. Planning authorities have statutory powers under Part VIII of the Act to take enforcement action, including on receipt of complaints from the public where planning conditions are not complied with.
I understand that the industrial noise source referred to by the Deputy may relate to a wind farm so it should be noted that the Department of Housing, Local Government and Heritage is currently undertaking a focused review of the 2006 Wind Energy Development Guidelines in line with the “preferred draft approach” which was announced in June 2017, in conjunction with my own Department. The review is addressing a number of key aspects including sound or noise, visual amenity setback distances, shadow flicker, community obligation, community dividend and grid connections.
Finalised Guidelines will be prepared following detailed analysis and consideration of the submissions received during the consultation phase, and the conclusion of the SEA process.
