ICAN Acoustics have been involved in a large number of noise nuisance cases as expert witnesses. Many of these cases end up in the courts of law and in many instances an individual or a company is being sued for nuisance.
Who can be sued for nuisance noise?
- The creator of the nuisance;
- The occupier operating a premises;
- The person who authorizes the nuisance.
ICAN Acoustics provide the technical expertise to quantify and assess a noise nuisance, assist in recommending noise mitigation measures or make a representation on behalf of the defendant in a court of law. All of these services are offered to each commercial entity, in a quick and economical manner.
The main legislation used to address noise nuisance is the Environmental Protection Agency Act 1992, which defines environmental pollution as including noise that is a nuisance, or that would endanger human health or damage property or damage the environment.
It provides for various actions to be taken to prevent or limit noise pollution.
Part (1): Section 108 of the Environmental Protection Agency Act 1992 states that ‘Where any noise which is so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance to a person in any premises in the neighbourhood or to a person lawfully using any public place, a local authority, the Agency or any such person may complain to the District Court and the Court may order the person or body making, causing or responsible for the noise to take the measures necessary to reduce the noise to a specified level or to take specified measures for the prevention or limitation of the noise and the person or body concerned shall comply with such order‘.
Part (2): It shall be a good defence, in the case of proceedings under subsection (1) or in a prosecution for a contravention of this section, in the case of noise caused in the course of a trade or business, for the accused to prove that—
(a) he took all reasonable care to prevent or limit the noise to which the complaint relates by providing, maintaining, using, operating and supervising facilities, or by employing practices or methods of operation, that, having regard to all the circumstances, were suitable for the purposes of such prevention or limitation, or
(b) the noise is in accordance with—
(i) the terms of a licence under this Act, or
(ii) regulations under section 106
Part (3): Before a complaint is made to the District Court under subsection (1) the local authority or the person concerned, as the case may be, shall serve a notice in the prescribed form of the intention to make such a complaint, within such time as may be specified in the notice, on the person alleged to have made or have caused or have been responsible for the noise.
Part (4): This section shall not apply to noise caused by—
(a) aircraft, or
(b) such statutory undertaker or local authority, as may be prescribed, in the exercise of powers conferred on it by or under any enactment in such circumstances as may be prescribed.
ICAN Acoustics provide the technical expertise to quantify and assess a noise nuisance, assist in recommending noise mitigation measures or make a representation on behalf of the defendant or plaintiff in a court of law. All of these services are offered to each customer, in a quick and economical manner.
ICAN Acoustics have experience and training as Expert Witness’ for:
- Court cases relating to noise nuisance;
- Arbitration hearings relating to noise nuisance;
- Oral hearings for road schemes.
ICAN Acoustics have a comprehensive guidance document relating to noise nuisance which can be obtained by emailing a request to office @ acoustics.ie