What rights do I have regarding noise emanating from a farm at all hours of the day and night?
I confronted the farm owner about tractors and trailers coming and going to a yard beside my house at all hours. Between milking machines going from dawn, quads revving and dogs barking, everyone in the house is awake.
I tried to talk to the farmer but he would not give me any comfort and basically told me to put up or shut up.
What should I do?
ANSWER: Your first step should be to contact the person causing the noise to try to fix the issue. While your initial encounter was not positive, it might be worth trying to schedule a time to sit down and talk about the issue.
The farmer might have been caught off guard or rushing to get some job done so trying to schedule a time when everyone is calm and has time to discuss things would be a good first step.
Try to involve other people on the farm such as a spouse, partner or adult children who might be a bit more sympathetic to your plight. Naturally, there will have to be some compromise but if you could reach agreement on broad principles, that should help ease tensions.
The parlour might have to swing into action early but if they could better control dogs barking, machinery revving and people shouting, this would help alleviate concerns.
Again if tractors are going late into the evening, and if you had a bit of forewarning regarding the silage contractors and when they will be working, you could plan around it.
Naturally, there will have to be some compromise but if you could reach agreement on broad principles, that should help ease tensions
Things do not always go according to plan on the farm but if you felt listened to and some effort was made to minimise noise, it would help rebuild trust and respect.
Formal complaint
There is no exact level or standard of noise in Ireland that is illegal. The EPA Act, 1992 refers to any noise as being so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause of annoyance to a person, as being actionable. You should try to keep a record of the times when the excessive noise occurred, how long it lasted and the level of noise involved, if possible.
There are different bodies that deal with these complaints but the main two ones are the local authority or the district court. The local authority is not likely to get involved in disputes between neighbours.
You can get a complaint form in your local district court office. You will have to pay a fee to process the complaint. The process to make a complaint to the district court is outlined in Regulations made under the Act S.I. No 179/1994.
• Get an appointment for a hearing. You will need to contact the district court clerk in this regard.
• Inform the other party at least seven days before the date of the hearing.
• Fill in the form of complaint furnished by the district court.
• Attend the hearing date and present your complaint.
The court may order the person or body making or causing the noise to take measures for the prevention or limitation of the noise.
Defences include the fact that they took all reasonable care to prevent the excessive noise or the noise is in line with an EPA licence issued under the Act or regulations for control of noise.
Noise from dogs
If your neighbour’s dog is barking, you should go to your neighbour directly to try and resolve the issue. Failing that you can complain to the district court by completing a Section 108 form available from your local authority or the district court. Before you do this, you must let the dog owner know that you are making a complaint.
To deal with noise from a dog, the court can:
• Order the dog owner (or occupier of the house where the dog is kept) to exercise control over the dog to reduce barking.
• Limit the number of dogs that can be kept on a property.
• Order that the dog warden takes the dog to the dog shelter.
• Make the owner pay a fine for the noise and cost of taking and keeping the dog in the shelter.
Noise from motor vehicles
All vehicles with an internal combustion engine must be fitted with a silencer or similar device to reduce noise. You cannot drive a vehicle that causes excessive noise in a public place.
Typically, the NCT or CVRT test centres assess how effectively the silencer reduces exhaust related noise.
Aisling Meehan, agricultural solicitors and tax consultants
Disclaimer: The information in this article is intended as a general guide only. While every care is taken to ensure accuracy of information contained in this article, Aisling Meehan, Agricultural Solicitors and Tax Advisors does not accept responsibility for errors or omissions howsoever arising. E-mail info@agrisolicitors.ie
What rights do I have regarding noise emanating from a farm at all hours of the day and night?
I confronted the farm owner about tractors and trailers coming and going to a yard beside my house at all hours. Between milking machines going from dawn, quads revving and dogs barking, everyone in the house is awake.
I tried to talk to the farmer but he would not give me any comfort and basically told me to put up or shut up.
What should I do?
ANSWER: Your first step should be to contact the person causing the noise to try to fix the issue. While your initial encounter was not positive, it might be worth trying to schedule a time to sit down and talk about the issue.
The farmer might have been caught off guard or rushing to get some job done so trying to schedule a time when everyone is calm and has time to discuss things would be a good first step.
Try to involve other people on the farm such as a spouse, partner or adult children who might be a bit more sympathetic to your plight. Naturally, there will have to be some compromise but if you could reach agreement on broad principles, that should help ease tensions.
The parlour might have to swing into action early but if they could better control dogs barking, machinery revving and people shouting, this would help alleviate concerns.
Again if tractors are going late into the evening, and if you had a bit of forewarning regarding the silage contractors and when they will be working, you could plan around it.
Naturally, there will have to be some compromise but if you could reach agreement on broad principles, that should help ease tensions
Things do not always go according to plan on the farm but if you felt listened to and some effort was made to minimise noise, it would help rebuild trust and respect.
Formal complaint
There is no exact level or standard of noise in Ireland that is illegal. The EPA Act, 1992 refers to any noise as being so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause of annoyance to a person, as being actionable. You should try to keep a record of the times when the excessive noise occurred, how long it lasted and the level of noise involved, if possible.
There are different bodies that deal with these complaints but the main two ones are the local authority or the district court. The local authority is not likely to get involved in disputes between neighbours.
You can get a complaint form in your local district court office. You will have to pay a fee to process the complaint. The process to make a complaint to the district court is outlined in Regulations made under the Act S.I. No 179/1994.
• Get an appointment for a hearing. You will need to contact the district court clerk in this regard.
• Inform the other party at least seven days before the date of the hearing.
• Fill in the form of complaint furnished by the district court.
• Attend the hearing date and present your complaint.
The court may order the person or body making or causing the noise to take measures for the prevention or limitation of the noise.
Defences include the fact that they took all reasonable care to prevent the excessive noise or the noise is in line with an EPA licence issued under the Act or regulations for control of noise.
Noise from dogs
If your neighbour’s dog is barking, you should go to your neighbour directly to try and resolve the issue. Failing that you can complain to the district court by completing a Section 108 form available from your local authority or the district court. Before you do this, you must let the dog owner know that you are making a complaint.
To deal with noise from a dog, the court can:
• Order the dog owner (or occupier of the house where the dog is kept) to exercise control over the dog to reduce barking.
• Limit the number of dogs that can be kept on a property.
• Order that the dog warden takes the dog to the dog shelter.
• Make the owner pay a fine for the noise and cost of taking and keeping the dog in the shelter.
Noise from motor vehicles
All vehicles with an internal combustion engine must be fitted with a silencer or similar device to reduce noise. You cannot drive a vehicle that causes excessive noise in a public place.
Typically, the NCT or CVRT test centres assess how effectively the silencer reduces exhaust related noise.
Aisling Meehan, agricultural solicitors and tax consultants
Disclaimer: The information in this article is intended as a general guide only. While every care is taken to ensure accuracy of information contained in this article, Aisling Meehan, Agricultural Solicitors and Tax Advisors does not accept responsibility for errors or omissions howsoever arising. E-mail info@agrisolicitors.ie
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