Dáil Éireann Debate, Tuesday - 2 November 2021
383. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage if there are principles or noise thresholds which guide the planning process in setting noise abatement measures, restriction on working hours and so on; and the way these are evolved or modified. [52678/21]
View answerOverall responsibility for noise regulation lies with my colleague, the Minister for Environment, Climate and Communications.
Although no universal statutory noise standards apply in Ireland, local authorities may specify particular noise standards as part of a notice served under Section 107 of the Environmental Protection Agency Act 1992. Any standards set will depend on the specific noise source and will generally have regard to relevant international guidance and standards.
The Environmental Protection Agency (EPA) is the national authority for overseeing the implementation of the Environmental Noise Regulations (The European Communities (Environmental Noise) Regulations 2018 (S.I. No. 549/2018)).
In its Environmental Noise Guidelines, the World Health Organisation (WHO) sets out how noise pollution in European towns and cities is increasing. The main purpose of the WHO guidelines is to provide recommendations for protecting human health from exposure to environmental noise originating from various sources.
The implementation of the WHO guidelines is currently being negotiated at EU level. The development of any future National Noise policy in Ireland will be influenced by the outcome of this process. The Department of Environment, Climate Action and Communications will be the lead authority for this policy area.
Section 34(4)(h) of the Planning and Development Act 2000, provides for the attaching of conditions to planning permissions by planning authorities “for determining the sequencing and timing in which, and the time at which, development works shall be carried out”. Further to this, conditions regulating construction working hours are generally attached to planning permissions for development. Within the conditions attached to a planning permission, these may be include provision for derogation and local agreement regarding construction conditions, to allow for the undertaking of particular activities outside "normal" operating hours (e.g. a continuous pour of concrete on a large site). Conditions on operating hours are a matter for individual planning authorities to determine on a case by case basis.
Under planning legislation, enforcement of unauthorised development is a matter for the relevant planning authority, which can take action if a development does not have the required permission, or where the terms of a permission have not been met. There are extensive enforcement provisions provided for in Part VIII of the Act with a view to ensuring that works pertaining to permitted developments are carried out in accordance with the planning permission granted and any associated conditions, and that no unauthorised development takes place. In addition, any person or a planning authority may seek a court order under section 160 of the Act in relation to unauthorised development with a view to ensuring that the development works in question are not carried out or continued.
Planning Circular Letter PL 06-2020, which was issued by my Department on 16 May 2020, requested planning authorities - having regard to the exceptional circumstances of the public health emergency and as certain activities, including the construction sector, were allowed to resume activity further to the initial Covid-19 lockdown in 2020 – to exercise an appropriate level of discretion in respect of the enforcement of construction working hours conditions attached to housing related planning permissions with a view to assisting the sector to compensate for lost productivity and output during the initial lockdown period. This discretionary approach – which was an exceptional time-limited arrangement - was to be applied on a case-by-case basis by planning authorities, having regard to individual local circumstances including factors such as:
- the nature, scale, extent and location of the construction site i.e. rural/urban, small-scale/major development, single/multistorey etc;
- in particular, the proximity of the construction site to occupied homes and other types of premises or land uses that may be potentially sensitive receptors in the area concerned i.e. number, distance and type;
- the likelihood of noise, dust or other emissions, traffic and local parking impacts, and any proposed ameliorative measures, including management/monitoring;
- cumulative impacts i.e. where there is more than one site in close proximity, particularly in urban areas;
- the proposed hours of construction beyond those conditioned and their frequency and duration;
- the adequacy of site construction, management procedures, including any community liaison plan;
- any other relevant factors, including stage of construction (external & internal works etc).
My Department issued a further Circular Letter (PL 05-2021) to local authorities on 12 April 2021 in relation to the recommencement of residential construction projects allowed as part of the initial easing of the Covid Level 5 restrictions following the lockdown in the early part of the current year, subject to compliance with public health guidelines and protocols. This reiterated the message of the previous Circular in relation to the temporary extension of working hours conditions attached to planning permissions, and was time-limited to 25 September 2021.
