Neighbour Business Issue

Neighbour Business Issue

Postby scott98 » Fri May 08, 2009 7:00 pm

Hi

My neighbour is operating a very noisy business very close to me which is causing me and my family much distress. They actually applied for planning permission last year and were refused because of noise and pollution in a residential area, but still are operating even late into the evening. Just wondering if anybody knows how long does it take the local authority to act on this breach of planning especially when they know well how it is affecting us. Any advice please would be so appreciated in where do I go from here?

Thank you for any suggestions
scott98
Member
 
Posts: 1
Joined: Thu Oct 30, 2008 11:20 pm

Re: Neighbour Business Issue

Postby missarchi » Fri May 08, 2009 10:04 pm

scott98 wrote:Hi

My neighbour is operating a very noisy business very close to me which is causing me and my family much distress. They actually applied for planning permission last year and were refused because of noise and pollution in a residential area, but still are operating even late into the evening. Just wondering if anybody knows how long does it take the local authority to act on this breach of planning especially when they know well how it is affecting us. Any advice please would be so appreciated in where do I go from here?

Thank you for any suggestions


It's a slow process DCC could get there act together...
A solicitors letter might speed up the process...
Basically file a written compliant with your local authority.
Then after about a month they will send you a form in which you record the occurrences.
Then after another month or two if your lucky they send you audio recording equipment or they may be influenced by the tenant/newspaper/supermarket all rolled into one and do nothing to help you... Then you will call the Garda... The garda will not even issue a traffic infringement if they are breaking the law. You will have to write a letter to the head of the Garda station. And then maybe he/she will sit on it for a few years.

it might just be easier to move house sometimes dB rated earplugs are not enough
missarchi
Old Master
 
Posts: 1796
Joined: Sat Dec 08, 2007 7:53 pm

Re: Neighbour Business Issue

Postby damproof » Mon May 11, 2009 1:36 pm

Enforcement is a long arduous process and what you'll find is that the legislation is biased towards the person carrying out the works.
The first this you should do is contact the planning enforcement section and find out if anything is being done about this - don't assume that because they were refused retention permission that the enforcement case is being actively pursued.
Then if it sounds as if this enforcement case has gone cold - write a letter to the planning authority explaining the background and how operations are still ongoing and how they are still a nuisance despite a refusal. You have to be persistant in this to get anything done - and if any councillors call to your door in the next few weeks looking for your vote don't be afraid to get them working on it too.
There is also the option of a Section 160 court injunction but this is expensive and risky and you are much better off pursuing all other avenues before you take such an injunction.
Enforcement in this country is a joke - the legislation is weak, the courts are hopelessly biased in favour of alleged offenders and most local authorities have not adequately resourced their enforcement sections. That said - best of luck!!!!
damproof
Member
 
Posts: 28
Joined: Mon Feb 02, 2009 2:30 pm

Re: Neighbour Business Issue

Postby tommyt » Mon May 11, 2009 1:54 pm

damproof 's advice is pretty much spot on. Read Part VIII of the planning and development act 2000 sections 151-160for the overview of what is a hugely ineffective system.

A S.160 injunction would cost an arm and a leg, I have never heard of it being used on a small scale o regulate 'bad neighbour' activity-but seeing as barristers can now be contacted directly throughhe law library you could make enquiries.

If it's a particularly troublesome operation regarding noise or odour you could contact the EPA.

If you are in a smaller local authority area, put your complaint in writing and open up a regular dialogue with UD (unauthorised development ) in the council. Be polite and concise, chances are the officers will want to shut the operation down also but the legislation is useless and moves very slowly.
tommyt
Member
 
Posts: 455
Joined: Mon Oct 18, 2004 7:39 pm
Location: D5

Re: Neighbour Business Issue

Postby onq » Tue May 12, 2009 5:16 pm

Contact the enforcement section of the planning department in writing reporting your concerns and giving the planning history. Keep informed, but be aware you are not entitled to a daily, blow-by-blow account. Best of luck
User avatar
onq
Old Master
 
Posts: 1220
Joined: Tue May 12, 2009 12:29 am
Location: Dublin, Ireland


Return to Irish Planning Matters