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Noise pollution

  • 05-02-2008 4:59pm
    #1
    Registered Users, Registered Users 2 Posts: 23,246 ✭✭✭✭


    Last night (12am-6am) a company began demolishing a very large building right beside my apartment. This is in the centre of a residential area. When i rang them this morning they claimed they had sent notice to residences regarding the times and also put up public notices. I recieved no notice in my door (and talking to other people neither did they) and none of the public notices i photgraphed today mentioned the unsocial hours that demolition would occur at. When you compare them to the notice on their website which does mention the times it looks like the public ones had that section specifically omitted. :mad:. They also claimed that they had monitored decibel levels and found them within acceptable ranges. I know they had a guy out monitoring but he left at around 1:30 and was an employee of this company.

    So where do i go now? I'm out of work today because i was kept up all night by the racket and this is scheduled to continue for another three weeks. :eek:

    I've rang the area's Environtmental health officer and left a message. Where would I check for their permission to carry out this work? I cant find anything on dublincity.ie and one of the things I've heard about this lot is that they can use a managers (city manager I presume) order to proceed rather than go through the usual process.

    Do they also have to prove that they provided due notice to residents? Becuase they claim that they did but the evidence is suggesting the exact opposite


Comments

  • Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    They would have got planning permission, so I expect the time to make your objections heard would have been at that stage. The permission might state the hours they can work, so perhaps try and get a copy of that. I think practically speaking, your best bet here is to complain (a lot) to the local authority. Get others to do so as well.

    If that is not good enough for you, then see a solicitor. Seeking legal advice is not allowed here.


  • Registered Users, Registered Users 2 Posts: 23,246 ✭✭✭✭Dyr


    Ta, complaining it is then :)

    I'm wouldnt be looking for legal advice, it would'nt address the issue in time anynway I'd imagine.


  • Registered Users, Registered Users 2 Posts: 78,495 ✭✭✭✭Victor


    Demolishing a non-residential, non-protected building doesn't require planning permission. If however, there is a planning permission, it is likely to state hours for work.

    You can make a complaint for noise pollution either to the council or to the district(?) court. http://www.environ.ie/en/Environment/NoisePollution/EnvironmentalNoiseRegulations2006/

    I'd kick up a stink with the councillors and council to start with.


  • Registered Users, Registered Users 2 Posts: 23,246 ✭✭✭✭Dyr


    Thats pretty interesting Victor, this is one the towers in Ballymun so it was a residential building but it had a brief stint as a "hotel" prior to its demolition..hmmm


  • Closed Accounts Posts: 406 ✭✭johnnysmurfman


    See the Environmental Protection Act - You can go to the District Court.


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  • Registered Users, Registered Users 2 Posts: 78,495 ✭✭✭✭Victor


    Bambi wrote: »
    Thats pretty interesting Victor, this is one the towers in Ballymun so it was a residential building but it had a brief stint as a "hotel" prior to its demolition..hmmm
    I imagine they have planning permission.

    I am however surprised at the hours they picked.


  • Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    Same thing happening beside where I live - get woken up by banging every morning. They have the right to do it though.


  • Registered Users, Registered Users 2 Posts: 23,246 ✭✭✭✭Dyr


    Victor wrote: »
    I imagine they have planning permission.

    I am however surprised at the hours they picked.


    The hours are due to having to close a road I'd imagine but that problem is due to the cockeyed road layout that this lot set up in the first place


    I've looked into it a bit more, the initial permission stipulated that the demolition only be carried out between the hours of 8am and 8pm but they're claiming that they reached an agreement (presumably with the council) to change this. When i rang the relevant dept. in dublin city council they told me that they had been directed to forward all queries on the matter to the company who are carrying out the demolition! I pointed out that it was a bit like phoning the gardai to report a burglary only to be told that i should ring the perpetrator and report the crime to him, so we shall see where it goes.


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