Complaints made over Naas church noise

AN over-exuberance of worship to the early hours at an evangelical church in Naas has led to noise complaints being raised with the county council.

“Can the council update the members on what action has or can be taken to reduce the noise?,” asked Cllr Anne Breen at the recent Municipal District meeting.

“The lack of control of this noise is causing a serious environmental issue for the neighbourhood,” she added.

“The neighbours aren’t complaining about the church, but the noise, and the music is going on until all hours,” she said.

“This has been going on for up to a year and a half now, and can go until one or two in the morning,” she said.

“The neighbours can’t sleep, or sit out in their gardens in the evenings, and some of the Lakeland residents who back on to the premises say it's just like being at church,” she explained.

“It’s a warehouse, factory sort of premises … I’ve spoken to the pastor and he says the building’s not sound-proofed,” she said.

However, the reply cllr Breen received from the council’s environment section was not encouraging her aggrieved constituents.

“The council has not received any previous complaints regarding this matter, and generally does not deal with a noise complaint if it deems the matter to be a private nuisance issue, said spokesperson Rachel Jackson of the environment department.

“In the absence of being able to substantiate the noise nuisance, it is very difficult for the local authority to take enforcement action, and there are currently no statutory ‘neighbourhood’ noise limits in the Republic of Ireland,” she revealed.

“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 that person has a right to complain. “In this regard, the Environmental Protection Agency Act 1992 [S108] makes provision for any person affected by noise nuisance to make a complaint directly to the District Court and to seek remedy of the issue.

“Our advice is that if someone plans to complain about excessive noise, it is recommended that they keep a detailed diary of the times when it occurred, the duration and, if possible, the levels involved.

“They should first approach the person or business causing the noise, explain that it is a nuisance and try to come to a mutually acceptable solution.

“If this does not work, under Irish law, you are entitled to bring complaints about specific noise in the community to the district court.

"The act allows any person to complain directly to the District Court about a noise that 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…’ and seek an order to deal with the noise nuisance.

“It should be noted that a 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,” Ms Jackson concluded.

“I have advised the residents to keep a diary and contact a solicitor to see what they can do,” said Cllr Breen, who estimates the noise affects eight or nine residences.

She added: “As we have heard, the council can’t do anything without an official complaint, and I’ve advised those residents to put in an official complaint, and take it from there.

“These residents are my age, and retired and they can’t sleep in their own bedrooms, and have to move into the back room.

“I’ve been there when the noise is very bad, it’s been going on for a year and a half and that’s too long."

Efforts to contact the church have been unsuccessful at the time of going to press.