Noise Nuisance by Takeaway

https://www.boards.ie/discussion/comment/120729045#Comment_120729045

So you don't live somewhere noisy.

Volodymir

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

it was quite when we probed it. you can't base that type of decisions on your personal lack. it's quite for one week then it gets unbearable for another three.

Volodymir

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

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

we move much bigger things when the truth is on our side.

Volodymir

https://www.boards.ie/discussion/comment/120729049#Comment_120729049

that's the whole point, we like the location it suits us well except for a business which clearly offends the regulation. shall we just say ah well we're out of luck and lose our deposit or shall we stand for our rights? Also who are the people suggesting we should just leave and absorb the damage? can we call them coward shmunts?

https://www.boards.ie/discussion/comment/120729046#Comment_120729046

Go to bed. 🛌

You're wasting your precious sleeping time. 😴

Dav010

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

I doubt he means they sit on the ground with silly hats and sing happy birthday for hours. Though adults may congregate outside takeaways late at night, eating their food before heading home after a night of drinking, it isn’t unusual for youngsters to meet up at the local takeaway, our kids did it at weekends regularly when in their early/mid teens, the text would go around and they'd be gone out the door down of the local chipper which had seating inside and out.

And if the takeaway is breaching their planning permission, then like any other breach, the council should be informed and then do their job to enforce the conditions of the planning.

Deeec

OP it is really unlikely anything will change If you pursue the planning angle - other than wasting your time and getting yourself a reputation. The fact is this takeaway is providing a service ( probably the residents of where you live are good customers) and providing jobs. Do other residents have the same issue as you? If your area is semi-rural as you said where are all these customers coming from?

You could find you have little support on this from both council and residents. I'm not sure as a tenant rather than owner you can pursue this either - you may have to get your landlord to look into it and they may be unwilling to do it.

I think this is a battle you are going to lose being honest.

arctictree

To be fair, the planning was granted with a list of conditions that are not being complied with. It makes a joke of our planning system where people just get planning and then completely ignore the conditions.

OP, if you inform the council of a breach of planning then they are legally obliged to investigate. They have to follow it until the applicant applies to get the condition removed and is successful OR thay stop the activity. There is a reason why they are not allowed trade after 12.

rob316

You'll get use to the noise. I live in the city centre, 5 metres away from a very busy pub with DJ's every weekend and it is considered a residential area.

Volodymir

https://www.boards.ie/discussion/comment/120729247#Comment_120729247

Why all these questions? How are they relevant to the breach of the planning permission? The conditions specified in a planning permission are either a law of the whole thing is a joke.

Caranica

If the takeaway has been open for a couple of years other residents have clearly decided they prefer the amenity and are willing to learn to cope with the noise. This will include people who paid six figure sums to purchase their properties.

You move into the area, with the takeaway up and running and want to get its hours cut because you want to sleep and aren't willing to take measures to lessen the noise in your unit. Not everyone operates on the same schedule, for shift workers and bar workers late night takeaways are important food options and you want to remove that.

If the takeaway was actually causing a problem the Gardai would have pushed the Council to enforce the planning conditions but they haven't.

Btw did you check if the planning decision was appealed and conditions revised? This can happen.

Fwiw I live beside a hospital with ambulances arriving 24/7 and under the flight path to Dublin airport. I hear noise from neither. Yes for the first few weeks but your brain just learns to zone it out. White noise and/or a fan will help you but you seem hell bent on pursuing this business for some reason.

Volodymir

https://www.boards.ie/discussion/comment/120729056#Comment_120729056

Look after your precious time and let me to decide what do with mine. Thanks.

Deeec

https://www.boards.ie/discussion/comment/120729284#Comment_120729284

Well Op I've got news for you - planning conditions are very often not enforced at all - that's Ireland for you!

As you haven't answered my question I take it the other residents don't have the same issue with the takeaway as you do and maybe see it as a good service to have in the area and dont want to put them out of business.

Best of luck op - I don't think your crusade is going to work being honest. Do yourself a favour and go out today and get some earplugs.

You come across as having a very entitled attitude and won't accept that the take away was there before you!

Dav010

https://www.boards.ie/discussion/comment/120729336#Comment_120729336

It seems like you are saying that if planning conditions only affect a few people, the council should ignore them, are you?

I would have thought that opening hours would be an important consideration for the council when granting permission in a populated area. It isn’t entitled to expect businesses to abide by the conditions of their pp, and to expect the council to enforce them. If your neighbour built an extension which is not in compliance with pp and affects you in a detrimental way, would you say you are acting in an entitled manner by object to the council?

Deeec

https://www.boards.ie/discussion/comment/120729347#Comment_120729347

A planning condition regarding opening hours is never enforced. Even bigger planning conditions than this are being ignored all over the country. The council won't take this seriously at all.

What I am trying to find out from the op is how big a problem is this. Do alot of residents in the area have a problem with the noise or is it just the op being overly sensitive.

The op may have a better chance of this being successful if they have support from the local community. If he is alone on this issue than he doesn't much of a chance of changing anything.

riffmongous

https://www.boards.ie/discussion/comment/120729336#Comment_120729336

Christ this thread is such a glaring indictment of the pusillanimous attitude to any sort of confrontation that's so prevalent amongst irish people. Someone breaking the rules and causing a nuisance? "Get over it you selfish prick, they were there first and can do whatever they want" or "move house in the middle of a housing crisis." Great advice lads and ladies, just because ye are too timid to even try do anything about it.

And god forbid if you try to stand up for yourself instead of letting them walk all over you, even when you are in the right, then you're 'entitled' and on a 'crusade'.

Deeec

https://www.boards.ie/discussion/comment/120729388#Comment_120729388

So you would prefer to possibly put this takeaway out of business and people lose their jobs and livelihood - all because one person is oversensitive to noise? ( being honest that seems to be the issue with op here).

What a selfish attitude you have.

Mrs OBumble

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

You might need to get out a bit more.

In summertime, outside the local takeaway is a great bushing spot for more daring. And a lit cheaper than going to the pub.

Volodymir

https://www.boards.ie/discussion/comment/120729404#Comment_120729404

That's it. Plus there're people out there who don't use English when talking to each other sorry for this news @Loueze. They don't go to no pubs if yr know what I mean.

We can't blame people for doing this. Which is why we never called the guards. The opportunity was provided why should they not use it? It's like blaming an outbred dog for impregnating an expensive bitch.

riffmongous

https://www.boards.ie/discussion/comment/120729397#Comment_120729397

So you think a business can do whatever they want just so they don't go out of business?

What a selfless attitude you have, it's probably the stupidest thing I've read here which is saying something, but still so selfless.

I shouldnt have to state the obvious here but no one wants anyone to go out of business, but there are rules there for a reason, and the takeaway are blatantly ignoring them and refusing to engage on them (which is the worst part and where any sympathy should end), the OP just wants them to stop being a noise nuisance, if they end up going out of business they have no one to blame but themselves.

Volodymir

https://www.boards.ie/discussion/comment/120729397#Comment_120729397

I'm sorry to say that but why do you oversimplify things this extent? They can go literally 500m away get a much cheaper accom and do exactly what they do. Are you trolling me or you really don't get what I'm talking about?

antodeco

I run a theft business. 7 lads. We all go around breaking into houses and stealing their stuff. Not really expensive stuff, but small things with no real value.

We've been at it for around 15 years and a new housing estate has just opened up down the road. We have started taking stuff from those houses too, but again just taking very low value items.

One of the local residents has asked us to stop stealing, but nobody else has, so I don't see why we need to. Plus, I know it's only a small law we are breaking, but it's better to break a small law than have 7 lads out of business.

Volodymir

https://www.boards.ie/discussion/comment/120729437#Comment_120729437

Not sure where this "go out of business if you need to move 500m away" idea came from, it does sound troll'ish to me. They came in hijacked the regulation and then use the fact of the rental shortage to their advance. I saw a few cases when people just closed windows which in fact is the only source of the fresh air and probably tried to sleep. You may only guess about the conversation being held internally but that harmed even myself. This is so unfair.

riffmongous

https://www.boards.ie/discussion/comment/120729455#Comment_120729455

The cheek of them, some entitled blow-in. I bet they have some reputation amongst the neighbours

Volodymir

https://www.boards.ie/discussion/comment/120729471#Comment_120729471

I can see the application was appealed by at the time mgmt company but the appeal was overruled with the aforementioned conditions - no late ours opening no late deliveries no ads, no littering (which I don't even talk about). Should we always take any act of law as something need a correction based on the actual reality? I don't think so.

Dav010

https://www.boards.ie/discussion/comment/120729362#Comment_120729362

Doesn’t matter how big or small a breach is, and conditions on trading hours is a fundamental one, they should be enforced. It should be taken seriously as it is obviously affecting someone. Whether it affects one person, or a hundred is irrelevant to the conditions of the planning permission, they are not permitted to trade beyond midnight if that is what the planning stipulates.

How big a problem it is, is none of your business and is irrelevant if the operator is not complying with the terms under which planning was granted.

Do you think planning conditions only apply if a small number of people are affected? That’s the question I asked you.

Volodymir

https://www.boards.ie/discussion/comment/120729455#Comment_120729455

that's more or less it. Mind you we don't mind them stealing during business hours only 😀

Deeec

https://www.boards.ie/discussion/comment/120729448#Comment_120729448

You have moved into an area with an established business for years. It appears no other residents have had a problem with this business through the years. As you have said it's semi rural I would imagine most of the takeaways customers are residents.

Now reality check for you op - you need to ask yourself are you the problem. You may not be the problem but it is something you seriously need to ask yourself - I'm serious on this. I find it hard to believe that this takeaway could be creating such a noise nuisance. If you are happy that you are not the problem go visit the council.

I'm not trolling you I'm just being realistic. This is my last comment on the matter.

Dav010

https://www.boards.ie/discussion/comment/120729510#Comment_120729510

How do you know others aren’t being affected? There is a takeaway accross the road from my business, every morning there was debris on my property, I got onto the council who in turn got into the takeaway, now the staff clean up the litter every night after closing.

The problem is the operator is not abiding by the conditions of planning (if that is indeed what the planning states) and is disturbing neighbour(s), the op isn’t the problem here.

You seem to think it is a free-for-all and as long as a popular service is provided, then rules don’t apply, how naive.

Volodymir

https://www.boards.ie/discussion/comment/120729510#Comment_120729510

They are renters on chronically undersupplied market. You must be living in your mansion for too long please come down from the mountain. The house community is rather disorganized but of a few people I know I know a few who left because of that mess and one guy who put his apt on sale partially because of this. You need to understand one simple thing - owners are happy until they get their rent paid. That's it.