Residents complain about noise from a band playing in a Kildare church building
Residents in Naas are complaining about noise produced by a band playing in a building used as a church.
That’s according to local politician Anne Breen, who asked Kildare County Council what action “has or can be taken to reduce the noise coming from the Church of God at Millbrook.”
She added: “The lack of control of this noise is causing a serious environmental issue for the neighbourhood.”
She told a Naas Municipal District meeting that residents in Lakelands “have been living with this for one and a half or two years.”
Cllr Breen added: “There is a lot of noise, especially at night” and asked if there was a licence in place changing the premises from commercial to recreation.”
Naas Mayor Fintan Brett asked why something had not been done, adding the gardaí “have been down there.”
Kildare County Council said it has not received any previous complaints and it generally does not deal with a noise complaint “if it deems the matter to be a private nuisance issue.”
In the absence of being able to substantiate the noise nuisance, it is very difficult for the local authority to take enforcement action.
It pointed out that there are no “neighbourhood” noise limits in the country (and) while the law does not specifically mention an exact level or standard of noise that is illegal, if neighbourhood noise is affecting a person’s quality of life, then there is a right to complain.”
This is done under the Environmental Protection Agency Act 1992, which provides for someone to make a complaint directly to the district court.
KCC recommends that someone affected should keep a detailed diary of the times when it occurs, the duration and, if possible, the levels involved.
It’s recommended that the person affected should contact the person or business causing the noise, explain that it is a nuisance and try to come to a mutually acceptable solution - before going to court.
The legislation allows any person to complain directly to the court about a noise and seek an order to deal with the noise nuisance.
The person making noise in the course of trade or business may have a defence if it can be shown that all reasonable care was taken to prevent the noise.
If the court finds in the complainant’s favour, it can order the person or body making, causing or responsible for the noise to take measures to prevent or limit the noise.