# Help required to tackle Noise pollution from Target shooting club



## construct_06 (18 May 2008)

Looking for some advice in relation to noise pollution.

Closeby to my house, clay pigeon/target shooting takes place most wednesdays and some sundays throughout the Summer.

Noise is unbearable for 3 hours and more each time.

Sundays from 12 midday to about 3 or 4.

Wednesdays from 6 to about 9.

To make matters worse, its on the side of a mountain with lots of trees which makes the sound reverberate and echo.

As far as i can tell, my options to tackle this problem are to go to district court. The guards have told me they cannot do anything. The Council also have told me they cannot do anything.

Just wondering if these are actually all my options. Also wondering if i can actually get the Council to take the case to the District court on my behalf.

The relevant Act is the EPa Act i believe. the sections are Section 108 and 109.

Help would be much appreciated.

Also is anyone familiar with whole licencing area for shooting clubs....The firearms themselves is one issue and this is dealt with on an individual basis for each shooter, by the Gardai. But the whole club licencing, times they are allowed shoot etc....and safety issues must be addressed somewhere, by some means of a licence, but i cant figure out where......


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## Pulped (18 May 2008)

*Re: At wits end....*

Has this only started recently or was it going on before you moved into the house? Are they shooting on a range or is it just an open area that they have taken over?


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## construct_06 (18 May 2008)

*Re: At wits end....*

I dont know how to edit, but if someone could for me id appreciate...

Maybe Target Shooting Noise pollution - Options?

Shooting was probably there before i bought site, i built my house...

Shooting is on a field, basically at the back of some houses. Gun club under auspices of NARGC...

No planning, but also no fixed structures, theerfore i dont know if there is actually a requirement for planning, maybe for change of use....


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## Pulped (18 May 2008)

*Re: At wits end....*

If they were doing it before you built your house and they have all the proper permits that they need then I don't really see how you can do anything about it.


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## Complainer (18 May 2008)

*Re: At wits end....*

Why would you expect someone else (e.g. council) to take the case on your behalf? Why not just start the District Court proceedings yourself?


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## construct_06 (18 May 2008)

just because they were causing noise pollution before i arrived doesent mean they can continue to do so unabated. I dont think there is a permit which allows u to cause noise pollution....

In the Act it says LA can take case. So i thought maybe as it is in the common interest, ie. its not just me that is affected, they could take the case...


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## construct_06 (18 May 2008)

The Environmental Protection Agency Act 1992 (Noise) Regulations, 1994; (S.I. No. 179 of 1994)

Section 107: 
local authority power to issue noise notice if it appears to local authority to be necessary for the prevention or limitation of noise 
can impose a maximum noise limit and state measures to be taken 
representations can be made within prescribed period 
no right of appeal no statutory mechanism for removing the notice 
non-compliance is an offence 
reasonable care defence

Section 108: 
District Court Complaint Procedure 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” 
court order requiring measures to be taken to prevent or limit the noise 
no fine 
reasonable care defence


From Enfo leaflet:

Has my local authority a role in dealing with noise problems?

Yes. Local authorities have the same powers as individuals to complain about noise problems to the District Court. In addition, they have similar powers to the Environmental Protection Agency in relation to premises, processes and works other than those, which require licences under the Environmental Protection Agency Act.


Can I approach the Environmental Protection Agency or my local authority about noise problems?

Yes. The Environment Protection Agency has power to require measures to be taken to prevent or limit noise from activities, which are licensable, by the Agency. In other cases local authorities have similar powers. A citizen may request the Agency or the local authority, as the case may be, to exercise its power in relation to noise causing a nuisance.


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## Complainer (18 May 2008)

I don't get why you would want to delay your case, while attempting to persuade the LA to move. Why not proceed with your own case now?


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## construct_06 (18 May 2008)

dont want to be seen as a sole objector, less weight attached to argument. there are other neighbours annoyed also, so was hoping that the LA would take on our behalf....more clout...

Anyway i believe they have the power but rarely utilise it...


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## Pulped (19 May 2008)

I'm sure it's not nice having a firing range near your house but if it was going on before you built your house then I can't see how you could sustain a claim for noise pollution. If they were making noise above and beyond what the activities of the club required then perhaps you'd have something to go on. From what you've said it seems like the noise that's made is part and parcel of what the land is used for. Seems a bit like someone buying a house beside Lansdowne road and then complaining that their Sunday lunch is being ruined by the noise from matches.


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## mathepac (19 May 2008)

*Re: At wits end....*



construct_06 said:


> ...
> 
> Shooting was *probably* there before i bought site, i built my house...


Did no-one notice - what about builder, tradesmen, delivery drivers, engineer, planning officer, solicitor, architect? Did you ask locals / prospective neighbours what went on in the locality before you bought the site?

It sounds to me that you have elected to build on a site adjacent to the pre-existing shooting activity, and unpleasant or even frightening as it may be, I suspect you may be stuck with it.


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## Sylvester3 (19 May 2008)

Have you tried calling the Guards anonymously each time to report gunshots? 

It would do the job up North I believe!


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## ClubMan (19 May 2008)

construct_06 said:


> dont want to be seen as a sole objector, less weight attached to argument. there are other neighbours annoyed also, so was hoping that the LA would take on our behalf....more clout...


Have you canvassed/petitioned these neighbours and written to the _LA _and any other relevant agency on behalf of all those who object?


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## ClubMan (19 May 2008)

Off topic posts removed. Please stay on topic.


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## bond-007 (19 May 2008)

Check with the LA that they have planning permission. Then check with the local Garda Superintendent that the range is authorised.


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## Margie (19 May 2008)

I really don't see the problem here. The times in which the gunfire happens are normal enough hours. If it was going on during the night or affecting your sleep I'd say something. There has to be a certain distance from your home to the gun club so effectively what your hearing is an echo. It's similar to listening to your neighbours mowing their lawn or the loud lilt of children playing in a schoolyard if you lived near a school.

What's the problem? We all have to listen to some noise during reasonable hours. What would you do if you had to put up with a dog barking all day and night like some people who have posted on this site? 

Seems a bit petty to me. Clay target shooting is a wonderful skilled hobby. What do you want - to go to the district court and get the club closed down?


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## construct_06 (19 May 2008)

no, if the shooting stuck to the supposed prescribed times id live with that. im from the country myself and have no problem with the club or shooting. i just want the times to be observed. shooting takes place sometimes every night, probably by the tenants of the house by the field.


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## dereko1969 (19 May 2008)

are you sure it's in the club itself? when you say "probably by the tenants of the house by the field" it might not even be on the premises of the club, people could be out "lamping" and it has nothing whatsoever to do with the club


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## bond-007 (19 May 2008)

If they have planning and the blessing of the Gardaí they won't get closed down.


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## Complainer (19 May 2008)

construct_06 said:


> dont want to be seen as a sole objector, less weight attached to argument. there are other neighbours annoyed also, so was hoping that the LA would take on our behalf....more clout...


So why not get each annoyed neighbour to start their own case? There is no reason to delay further.


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## construct_06 (16 Jun 2008)

upon more research i have established that planning is not required once the 'sporting activity' occurs on certain days:

"Development consisting of the use of land for any fair, funfair, bazaar or circus
or any local event of a religious, cultural, educational, political, social, recreational
or sporting character and the placing or maintenance of tents, vans or other temporary or movable structures or objects on the land in connection with such use.

1. The land shall not be used for any such purposes either continuously for a period
exceeding 15 days or occasionally for periods exceeding in aggregate 30 days in any year.

2. On the discontinuance of such use the land shall be reinstated save to such extent as may be authorised or required by a permission under the Act."


Also, the guards have no powers to do anything about this. The environmental section in the Council will not do anything either (even though they have the power).

So i will have to take a case to the district court under section 108 of the Epa Act 1992......


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