Noise Nuisance by Takeaway

Volodymir

Long story short we're renting an apt in the block with a takeaway located on a ground floor, they do deliveries too. The takeaway closes at 3AM daily. They have 2-3 delivery cars which constantly shuttle as well as customers, who tend to gather outside and have late night talks well after 12AM. While we can't call it an anti-social behavior event remotely, it does bother us to sleep. Sometimes we get waken up because of a customer loudly discussing something with the driver or a deliverer uses horn to greet someone. Occasionally we have spontaneous parties with the guards being called.

We like the place and leaving the estate will be our last resort, it tick all boxes except this one. We moved in last xmass, so the weather wasn't so accommodating for the outside gatherings now it becomes really hard to sustain. 

We have a question is there a regulation preventing businesses like open till late takeaways operate as part of living estates? In my mother country it'd unthinkable to have a takeaway open until 3AM right in the middle of the living estate. To us this is not a question of how it can bother people but rather how it can not bother? 

We tried sorting this out with the takeaway owner amicably, but he refused to discuss. We heard other people tried the housing agency but only got a standard email with a bunch of links in it. We also spoke to our landlord, who addressed our query to the Management company the answer was - it's not up to them to impose the closing time on the takeaway.

We'd really like the takeaway to move to another place or close by 10-11PM, so we can have some quite time to sleep.

Can anyone suggest on a practical way of solving our issue if any? 

Thank you in advance.

The only practical thing I can suggest is investing in some earplugs for when you go to bed.

The takeaway is not going to move premises, or close early and the delivery drivers are not going to be quiet.

The other alternative, is move.

Deeec

https://www.boards.ie/discussion/2058301225/noise-nuisance-by-takeaway

Being honest to expect a takeaway to close at 10 or 11 pm is unreasonable. They have a living to earn and provide a service which is popular for the public.

I get that it is annoying for you but why did you go for this property when you knew there was a takeaway underneath? Realistically if you find it so annoying your best option is to move somewhere else!

Mrs OBumble

I live in the city centre. You get used to the noise. Give it a few months, and you will barely notice it.

And the takeaway was there before you were. Kinda like moving in nex tto an airport and complaining about plane noise.

Volodymir

Thanks for the replies, yes we knew there's a takeaway. But we thought that by the law businesses can't run in a harmful for the residents health way. It's obvious that not all people can handle that amount of noise during the night. We thought that there's a government regulation, which ensures humans rights are protected. Certain things can't be up to how smart/able to predict the people are. People are guaranteed to have the right for sleep/rest - if it's not provided, then it shouldn't be between us as renter and the takeaway but rather between the government and the takeaway. As I said the place was much quieter during the winter/spring time also we pay fill price for rent, not a handicapped one.

Like in case with the airport - they shouldn't be offering any accommodation in the area having the excessive amount of noise, if anyone would - this should be done with a clear indication of the additional risks.

As we have 1 year contract we kind of stuck to the place so we'd really like to use all our chances and see what can be done.

Leg End Reject

Surely this has to be a parody?

Deeec

https://www.boards.ie/discussion/comment/120725556#Comment_120725556

There is no government regulation on this issue. People live beside takeaways, pubs, nightclubs - residents knowingly take on this risk that there will be noise when they choose to live near a business that's opened late. You should have known that possibly noise could be an issue when you viewed the property and seen there was a takeaway business underneath! You cannot expect lower rent because of noise either.

Your best option is to move and not try put a takeaway out of business!

CalamariFritti

Why don't you tell the takeaway you're looking for membership in NATO and you gonna ruin them. 😎

Volodymir

possibly because of the owner has already joined NATO, is this enough of an argument?

/too early for the joint/

satguy

The thing about moving into a home that is over a Takeaway,, is that there is a Takeaway under your home.

Chips & Batter Sausage is my go to ...

Darkglasses

There is likely to be a condition in the grant of planning permission for what times the takeaway can operate. The planning permission would be available on your City Council's website.

If they approved opening up as far as 3am (or if there is no condition), then you're goosed. If they only approved it up to 11pm/12am, then make a planning enforcement complaint.

Mrs OBumble

https://www.boards.ie/discussion/comment/120725556#Comment_120725556

A takeaway will never be "healthy" - just look at the muck they serve as food!

As someone stated, there will be planning conditions. Unfortunately most planning pre-dated Deliveroo etc, so doesn't really think about the consequences of that. Possibly they can only be open to the public at certain hours - but there probably won't be anything stopping them using the location to serve delivery drivers.

While it would be lovely for everyone to live in a quiet area, which has no street noise at the time when they want to sleep. But that's just not possible. Some people work nights and sleep days. Some people need to live near takeaways / bars / etc. You get used to it after a while.

riffmongous

Yeah it's really amazing how lax the noise laws and regulations are in Ireland compared to other countries.

Maybe you can get them to be a bit more considerate through the EPA act?

https://www.citizensinformation.ie/en/environment/environment-and-the-law/noise-regulations/

There is a bit there on making complaints, I don't know if you'd have any chance of success and I'd honestly doubt it considering it's Ireland, but the threat of it might be enough to make them take a bit more care, at the very least tell their drivers not to use their horns in the middle of the night

endofrainbow

Do you get a discount on your food?

gipi

You could advise the takeaway owner that it's illegal for his drivers to sound their car horns after 11.30pm.

Old thread on it here

https://www.boards.ie/discussion/2056156985/when-is-it-legal-to-use-a-car-horn

Del2005

https://www.boards.ie/discussion/comment/120726857#Comment_120726857

Has anyone ever been prosecuted for this?

BTW it's illegal to use a horn except for an emergency, regardless of the time of day or night, I'll use my horn after 23:30 if someone does something that I consider an emergency.

riffmongous

https://www.boards.ie/discussion/comment/120727740#Comment_120727740

"The Regulations also provide that a driver may use a horn only to warn other road users of oncoming danger, or to make them aware of the driver’s presence for safety reasons when reasonably necessary. A horn may not be used in a built-up area between 11 pm and 7 am unless there is a traffic emergency."

Volodymir

https://www.boards.ie/discussion/comment/120725703#Comment_120725703

Thanks a lot, this is definitely the most practical route of all we heard. Can you please advise if the planning permission is the same as the planning application? We found this website using google search, can't post a link as our account is too new.

Inputting the name of the street we got nothing back. The building was erected in around 2003-2004 is it supposed to have a planning application?

I'd love to read that document. Was it common at the time to set the permissible areas of business which can operate in the retail units? As if not that can give a carte blanche to a wide variety of things with some of them having dramatic impact on the living estate.

From what we heard the takeaway only became part of the estate since 2019-2020 probably having many homes before that. All in all it really feels like they just hijacked the overly permissive MUD regulation or used the ignorance of the mgmt co. which is known to do nothing for the estate.

Thanks.

Volodymir

https://www.boards.ie/discussion/comment/120726515#Comment_120726515

That's totally fine. I don't want to go for details but we live in a semi-rural area with a lot of space being available to takeaways to operate but just outside the living estates. It's close by and they can stay open 24 hours a day no one would say a word. I appreciate the fact that it's a different story in a Greater Dublin area.

What happens in our case is the takeaway takes an advantage of having a slightly better location at a cost of residents suffering from a surrounding effect. I can be wrong but I don't think it's fair. There're certain expectations in relation to the standards of living, I think the main idea is we live in a regulated environment where certain things just should be permissible whether they've been foreseen or not. We were prepared for a mild discomfort but not the fact that we have to stay awaken until 3AM when they finish serving their clients. We see the guards coming over almost every week to stop late night parties outside the takeaway (with a mixed effect btw), we saw one or two families moving out because of this. If this is not enough to call this place toxic to the estate and move it out what is??

Moonbeam

Check the terms of their planning permission .

Otherwise the take away was there before you rented the place so it might be time to buy ear plugs or move .

Volodymir

https://www.boards.ie/discussion/comment/120728957#Comment_120728957

We will fight, we've no choice.

With regards to the permission could you advise on where do we find it on the web??

I've never heard of late night parties being held outside takeaways before.

Thats a new one.

Volodymir

https://www.boards.ie/discussion/comment/120729007#Comment_120729007

I don't mean to be offensive but how do you know about it?? Are you an almighty takeaway supervisor or what?

Volodymir

https://www.boards.ie/discussion/comment/120726785#Comment_120726785

that's very funny indeed. we get awaken until 3AM that's we got.

Volodymir

https://www.boards.ie/discussion/comment/120728957#Comment_120728957

Thanks to planningapi.agileapplications.ie the unit was originally licensed to do somethings else other than food serving and delivery. An application was made in 2016 to add food delivery to the list of services, it was objected by the management company but then permitted on the following conditions:

1. The proposed takeaway shall operate between 10:00 hours and midnight only. No operations on Sundays or Public Hols.

Reason: in the interest of residential amenity.

Broken/Not followed. The place publicly advertises services available until 3AM on any day, incl. Sundays and Public Hols.

2. No advertisement (summarized)

Reason: in the interest of visual amenity.

Broken/Not Followed. They have external banners, the whole place is covered by the food packaging and uneaten food. This is devaluing the property, we aren't the owners but still feel the pain also even calling someone makes us feel ashamed for the overall state of the place we live in.

Where does it leave us with? Is this thing a joke or can it be practically enforced?

Or let me be a bit more elaborate - having seen the usefulness of some measures in the past could we ask what is the efficient way/mechanism if any of dealing with this situation?

https://www.boards.ie/discussion/comment/120729014#Comment_120729014

I know that I have lived in this country for over 50 years and I've never, ever, heard of a party, let alone weekly parties, happening outside of a takeaway. So like I said - that's a new one.

Takeaways within residential areas are also quite normal here.

And I take a large pinch of salt on my chips.

Volodymir

https://www.boards.ie/discussion/comment/120729035#Comment_120729035

well, don't mean to be pathetic but things change. cheap food + young people + summer = party, isn't it?

If you're concerned about noise, you should go to the area at night and check it out before deciding to move in.

As for tips, get a fan and put rain sounds on a TV or speaker. You'll get used to the noise and it does a lot to block out stuff from outside. Earplugs too if needed.

https://www.boards.ie/discussion/comment/120729040#Comment_120729040

No. Young people don't go to takeaways to have parties.

They might go to a pub, and get some food on the way back to someone's house to haparty, but the parties dont happen at the takeaways themselves.

I think you're on a fools errand if you think you're going to be able to get this business moved.

But it's your time and energy you'll be expending, so have at it.

Volodymir

https://www.boards.ie/discussion/comment/120729043#Comment_120729043

Why would I do this in a situation when people clearly offence the regulation, get me just one reason.

Volodymir

https://www.boards.ie/discussion/comment/120729044#Comment_120729044

Young people got to a pub? Do you hear yourself buddy? 😀