House extension - work times

My next door neighbour is putting an extension on his kitchen but for the past 3 weeks running he has had trucks delivering materials and diggers excavating from 7:30am on a Saturday morning. I let the first 2 weeks go as I reckoned that breaking up a concrete patio and digging foundations were likely to be the most disruptive and noisy part of the job. But this when this morning we were awoken once again by machinery working all of 10 feet from my bedroom window delivering paving slabs. I decided enough was enough. I went out and confronted my neighbour saying that making this kind of noise at this time on a Saturday 3 weeks in a row was too much. He however didn't want to know and said that he had a job to do and that I didn't own the area.
To me this level of ignorance doesn't bode well so I've decided to take steps, I'm going to ring my local council as I'm hoping that there are restrictions on when you can make this kind of noise over a weekend. I'm not unreasonable, if he'd approached me and said what he was doing I would have suggested a compromise of 9-9:30 as long as this wasn't going to be the case every weekend for the next few months (he's building it himself working only on the weekend). Has anyone else had to deal with this kind of thing and how did they handle it or has anyone any suggestions to make about how this could be handled with the minimum of disagreement.

I am just finishing my extension and was working from 7.30am to sometimes 10pm at night.

But I left painting,tidying up, moving things to early and late hours.
It is very inconsiderate of him to just blank you.

I'm sure your local council can give you some info.
Possible noise pollution legistation has time zones attached to it ??

K

Planning Conditions in built up areas can have conditions attached regarding noise:
Building Works to be between the hours of 8am-6pm on a Weekday and 8am-4pm on a Saturday with various maximum db levels for various durations etc.

I'm not certain if such rules apply in the absence of such conditions, also I'm not certain of the consequence of breach of such conditions. (It would be quite extraordinary if for example breaching sound levels by 1 db on one occasion would invalidate the Planning etc.)

Rules

Making a complaint

You should approach the person or business causing the noise and explain that it is a nuisance and try to come to a mutually acceptable solution. If this does not work, your local authority has the same power as individuals to bring noise complaints to the District Court. In addition, local authorities have similar powers to the Environmental Protection Agency in relation to premises, processes and works other than those that require licensing under the Environmental Protection Agency Act. The Environmental Protection Agency can require the person or body to take specific measures to prevent or limit noise. Anyone required to take such specific measures by the Environmental Protection Agency must do so or face prosecution.
If you wish to make a complaint to the District Court, you are not required to be represented by a solicitor, however, you may engage the assistance of a solicitor to help prepare your noise complaint and present this in court. You should consult with the Clerk of your local District Court about an appointment for the hearing of your case and refer precisely to the law relating to your case (Section 108 of the Environmental Protection Agency Act 1992 and the Environmental Protection Agency Act 1992 (Noise) Regulations 1994 (SI No. 179 of 1994).
The appointment for the hearing of your case must be at least 7 days later than the date on which you inform the person responsible for the noise nuisance that you will be taking your case to court. You must use a Environmental Protection Agency Act, 1992 - noise form of notice to inform the person or business that you will be taking them to court. It is important that you use this form of notice only and that you complete it fully and accurately.
The District Court will call both parties together and listens to both sides of the case. If the court finds in your favour, it can order the person or body to limit the noise, reduce the level of noise or stop the noise completely. Any Orders made by the court must be complied with.
Penalties for breach of law

The maximum fine for conviction on breach of noise regulations is 3,000 euro or 12 months in prison or both.
How to apply

Approach the person or business responsible for the noise and try to reach a mutually acceptable solution. You may find that they were not aware of the nuisance and in most cases, this will resolve the problem.
If you have tried to resolve the problem amicably and this has not worked, you may then refer your complaint to your local authority, or you can take your complaint directly to your local District Court or the Environmental Protection Authority.
Complaints regarding aircraft noise should be made directly to the Irish Aviation Authority.


<DIV class=contact>Where to apply

Environmental Protection Agency P.O. Box 3000,Johnstown Castle EstateCo. Wexford.Tel: (053) 60600Fax: (053) 60699E-mail: info@epa.ie