Noise Pollution
Noise Legislation and Regulations
Noise is considered a nuisance if continuous, repeated or loud noise is coming from a home, workplace or local business and is at times and duration that it affects the quality of life of any person.
Irish law legislates for noise pollution. The specific section of the law governing this area includes Section 108 of the Environmental Protection Agency Act, 1992 and the Environmental Protection Agency Act (Noise) Regulations 1994 (SI No 179 of 1994). While the law dose not specifically mention an exact noise level or standard that is considered illegal, it is clear that if a neighbourhood noise is affecting the quality of life of a citizen, then that citizen has a right to complain.
Pursuing a Noise Complaint
Donegal County Council carries out noise monitoring at its own installations and also has the capacity to carryout noise monitoring on industrial sites.
It is not the policy of Donegal County Council to become involved with noise complaints between neighbours.
The Council encourages the affected person to approach the person 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, seeking an Order to deal with the noise nuisance i.e., noise so loud, so continuous, so repeated, of such pitch or duration or occurring at such times that it gives a person reasonable cause for annoyance.
Firstly, a complainant must give notice to the person making the noise of the intention to make a formal complaint to the District Court and then he/she must serve a notice on the alleged offender that a complaint is being made at least 7 days in advance of the complaint being made to the Court. The District Court will hear both sides of a complaint and where it finds in favour of the complainant it can order the person or body making the noise to reduce it to a specific level, to limit it e.g., to specified times, or to stop it altogether.
Guidance on how to go about this is available from the Deapartment of Communications, Climate Action and Environment at gov.ie - Make a Noise Nuisance Complaint
An Enforcement Notice can be served by Donegal County Council on any person in charge of any premises, processes or works, other than an activity controlled by the EPA. The Notice must indicate the measures to be taken to prevent or limit the noise and may specify a period within which such measures are to be taken. Failure to comply with a Notice is an offence and allows the County Council to take steps to ensure compliance.
Using Bird Deterrents and Scarers (e.g., Crow Bangers)
Other Noise Agencies
The EPA website has comprehensive information on Noise issues and how to deal with various noise related problems. See Section on Noise Nuisance in particular if intending to take a noise complaint to the District Court.
The ENFO website give excellent and comprehensive information on the legislation pertaining to noise and noise nuisance.
Using Bird Deterrents & Scarers (Crow Bangers)
We would like to advise farmers & growers that if you are experiencing problems with birds affecting crops or grain storage areas, the use of traditional crow bangers should be considered only as a last resort.
Physical barriers should be used to stop birds getting into grain stores or feeding areas in the first instance. Consider using an electronic bird scarer, which use a combination of distress calls, danger calls and harassment sounds with the sounds of predator birds to create a hostile environment and cause the birds to relocate to a safer location.
Advice on the use of Bird Deterrents & scarers including Crow Bangers
If all such alternative means of scaring birds are unsuccessful, the following steps may be taken to avoid causing a nuisance with the traditional banger:
- When in use, the disturbance of bangers on nearby hospitals, homes or schools should be minimised. For example, place them as far away as practicable, align them to point away from neighbours, and use baffles.
- Avoid using bangers within at least 200m (220 yards) of sensitive buildings before 8.00am, or before sunrise and do not use after 6.00pm, or after sunset.
- Take account of the prevailing wind when siting bangers & remember that noise travels much further downwind or from elevated sites.
- Where mechanical timers are used, ensure that they are regularly re-set to take account of continuous changes in sunrise and sunset times.
- Use reflective metal baffles or absorbent straw bales to concentrate the sound onto your field and away from neighbours wherever nuisance could be caused. These can be very effective in reducing noise levels in the required direction.
- Ensure that your neighbours have the name of a responsible person to contact if the control on a scarer fails. Also display the name and telephone number at the nearest point of public access
- Ensure that scarers are properly maintained and checked regularly to detect any malfunctions that could cause complaints.
Positioning
- Place scarers as far apart as possible so that their combined effect does not cause a nuisance, taking account of the lie of the land, atmospheric conditions and plant cover.
- Position scarers so that they are pointing downwind (where nuisance is not a problem) – even a slight wind can affect the distance sound travels – and take particular care with devices that swivel with the wind.
- Prolong the effectiveness of scarers by hiding them – but not where they could cause a risk of fire.
Increasing effectiveness
- Reinforce the effects of the scarer by shooting, so that the noise is associated with real danger.
- Try placing a scarer inside a brightly-coloured container and place several similar, but empty containers in the field. Occasionally move the scarer from one container to another.