Dáil Éireann Debate, Tuesday - 6 April 2004
385 Mr. Eamon Ryan asked the Minister for the Environment, Heritage and Local Government the EU regulations or directives expected on monitoring and abatement of noise levels in residential areas; the existing regulations for such noise created by construction activity; and the agencies responsible for the monitoring and enforcement of such regulations. [10744/04]
Amharc ar fhreagraEU Directive 2002/49/EC on the assessment and management of environmental noise is required to be transposed into national law by 18 July. It applies to noise from, inter alia, industrial activity and major sources of road, rail and air traffic. It does not apply to noise from, inter alia, domestic activities, and noise created by neighbours and at workplaces.
Legislation governing noise disturbance from construction activity is provided for under the Planning and Development Act 2000. It enables planning authorities to impose planning conditions on a permission to reduce or prevent noise emissions on a case basis. Enforcement of any such conditions is a matter for the relevant planning authority. Also, under the Act a planning authority may include objectives in its development plan to reduce or prevent noise emissions. Where this is done development control decisions must be made by reference to the development plan objectives.
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 from any premises, processes or works. The EPA has power to control an activity for which a licence is required under the integrated pollution control licensing system.
Under the Environmental Protection Agency Act 1992 (Noise) Regulations 1994 a local authority, the EPA or any person may seek an order in the District Court to have noise giving reasonable cause for annoyance abated. I am aware that noise in the workplace, including construction sites, is regulated under the health and safety code, with operational responsibility falling to the Health and Safety Authority.
