Noise Nuisance
What is Environmental Noise?
Environmental noise is unwanted or harmful outdoor sound created by activities, including noise emitted by means of transport, road traffic, rail traffic, air traffic, from sites of industrial activity and recreational activities.
Noise is generally regarded as a “nuisance” if it is so loud, so repeated, of such pitch or of such duration that it causes annoyance to the general public.
Noise nuisance is categorised as being either a “private” nuisance or a “public” nuisance.
“Private nuisance” would apply where the noise in question is considered to be interfering with an individual’s enjoyment and use of their property.
“Public nuisance” would apply where there is a threat to the health and/or comfort of the public/community.
Excessive noise can:
- seriously harm human health, including mental health
- interfere with people’s daily activities at school, at work, at home & during leisure time
- disrupt sleep, cause cardiovascular and psychophysiological effects
- lower performance, lead to annoyance responses and changes in social behaviour
Noise Legislation
The specific section of Irish law governing the area of Noise includes Section 106, 107 & 108 of the Environmental Protection Agency Act, 1992.
While the law does not specifically mention an exact noise level or standard that is considered illegal, it is clear that if neighbourhood noise is affecting the quality of life of a citizen, then that citizen has a right to complain.
Additional guidance is provided by the Environmental Protection Agency (EPA) and as contained within Kildare County Council’s Third Noise Action Plan (2019-2023).
Kildare County Council Noise Action Plan 2024-2028
Action plan to assess and manage environmental noise from transport systems
The Environmental Noise Directive (END) requires local authorities to draw-up plans of action which will include measures to 'address priorities which may be identified by the exceeding of any relevant limit value or by other criteria chosen by the Member State and apply in particular to the most important areas as established by strategic noise mapping'.
In-line with the strategic noise maps, this noise action plan is required to be reviewed and revised every 5 years, if required. Both these initiatives are aimed at developing strategic policy and managing environmental noise. It should be noted that environmental noise as covered by the requirements of the END relates to human activities in-particular road, rail and aircraft transport and industry activities.
The noise action plan used the Strategic Noise Maps to identify priority areas and measures to help mitigate and manage noise from the relevant human activities contributing to the noise levels at those locations. The Plan does not, however, cover noise in relation to health and safety in the workplace, noise inside any means of transport, noise caused by military activities in military areas or noise from natural environmental sources, i.e. wind, waves, wildlife.
The Round 4 strategic noise maps were published in March 2023. The noise action plan phase for Round 4 commenced in April 2023. A draft Kildare Noise Action Plan was prepared and put out to stakeholder and public consultation in November and December 2024. The Noise Action Plan was screened for both Strategic Environmental Assessment (SEA) and Appropriate Assessment (AA). The screenings concluded that both an SEA and a Stage 2 AA were not required. Determinations for both have been prepared.
The Kildare Noise Action Plan 2024-2028 has been completed, in line with the European Communities (Environmental Noise) Regulations 2018 (As Amended), and a copy can be viewed using the link below. Copies of the SEA and AA Screening Reports together with the Determinations for each are also provided in separate links.
Kildare Noise Action Plan 2024 -2028
Strategic Environmental Assessment Determination
Strategic Environmental Assessment Screening Report
Appropriate Assessment Determination
Appropriate Assessment Screening Report
NOTE FOR THE READER:
The Kildare Noise Action Plan excludes the environs of Leixlip and Celbridge, these areas are covered in Section 13 of The Dublin Agglomeration Noise Action Plan 2024 – 2028 and a copy can be viewed using the link below. This a combined plan for the agglomeration of Dublin covering the Local Authorities of Dublin City Council, Dún Laoghaire-Rathdown County Council, Fingal County Council, South Dublin County Council, Kildare County Council and Wicklow County Council.
Dealing with Noise related issues
Kildare County Council’s, Environment Department, will deal with noise complaints from commercial and industrial activities but will not get involved with noise complaints between neighbours / domestic cases. Such noise complaints from commercial and industrial activities should be made to Kildare County Council’s Environment Department through the Customer Services Department.
It should be noted that Kildare County Council will not, in general, investigate noise-nuisance complaints which are received anonymously. This is due to the inherent difficulty in identifying and assessing the impact in such cases but each report shall be reviewed and considered by Technical staff.
Kildare County Council encourages the affected parties to approach the person or body causing the noise nuisance and explain that it is a burden and try to come to a mutually acceptable solution. If this fails, the affected person can make a formal complaint to the District Court under Section 108 of The Environmental Protection Agency Act 1992 and by using the form as specified under Environmental Protection Agency Act (Noise) Regulations 1994 (SI No 179 of 1994).
Guidance on how to go about this is available through the website of the Department of the Environment, Climate and Communications. Additional information is also available on the Ask about Ireland- enfo website.
Noise Nuisance due to Barking Dogs
Section 25 of the Control of Dogs Act 1986 deals with the issue of nuisance due to barking dogs. Under Section 25 of this act a decision as to whether any case of dog barking constitutes a nuisance is an issue for the District Court to adjudicate on.
An individual wishing to make a complaint to the district court regarding barking dogs can download the relevant form. (Please note that Form 5 (relevant form) is located at the end of the document below)
For further advice on properly serving this notice as required under Act, please contact the local district court office www.courts.ie.
Useful Additional information:
Please Note: This page is a guide only. It does not purport to provide, and should not be relied upon as, a legal interpretation of the Regulations. Kildare County Council advises you to read the Regulations in full.