COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, October 13, 2008

HEADED ITEM NO.13(a)

HEADED ITEM: E. Services

DUBLIN AGGLOMERATION ACTION PLAN IN RELATION TO THE ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL NOISE 

REPORT:

The following report was noted at the meetings of the Terenure-Rathfarnham Area Committee, the Tallaght Area Committee and the Lucan Clondalkin Area Committee held during September 2008. The report was also noted at the meeting of the Environment and Transportation SPCs also in September.

‘’Under the Environmental Noise Regulations made pursuant to EU Directive 2002/49/EC, the four local authorities within the agglomeration of Dublin (Dublin City Council, Fingal, Dun Laoghaire-Rathdown and South Dublin County Councils), are required to produce Noise Maps and Noise Action Plans for noise emanating from major industry, roads, including major roads, rail, including major rail and airports including major airports.

This Directive was adopted following an EU Green Paper on 'Future Noise Policy' which highlighted the need for a high level of health and environmental protection against noise.  In the Green Paper, the Commission addressed noise in the environment as one of the main environmental problems in Europe. The Directive was transposed into Irish law by the Environmental Noise Regulations, SI number 140 of 2006.

The aims of the Directive are:-

- To monitor environmental noise problems by requiring competent authorities in Member States to draw up "strategic noise maps" for major roads, railways, airports and agglomerations, using harmonised  noise indicators Lden (day-evening-night average sound level) and Lnight (night time average sound level).  The maps are to be used to assess the number of people annoyed and sleep disturbed respectively throughout each member state in the European Union.

- To inform and consult the public about noise exposure, its effects, and the measures to be considered to address noise problems.

- To address local noise issues by requiring competent authorities to draw up action plans to reduce noise where necessary and maintain the environmental acoustic quality where it is good.  The directive does not set any limit value nor does it prescribe the measures to be used in the action plans, which remain at the discretion of the competent authorities.

- To develop a long-ter EU strategy, which includes objectives to reduce the number of people affected by noise in the longer term, and provides a framework for developing existing Community policy on noise reduction from source

The Directive is also aimed at providing a basis for developing EU wide measures to reduce noise emitted by the major sources, in particular road and rail vehicles infrastructure, aircraft, outdoor and industrial equipment.  The Directive applies to environmental noise to which humans are exposed, in particular in built-up areas, in public parks or other quiet areas in an agglomeration, in quiet areas in open country, near schools, hospitals and other noise sensitive building and areas.  It does not apply to noise that is caused by the exposed person himself/ herself, noise from domestic activities, noise created by neighbours, noise at work places or noise inside means of transport or due to military activities in military areas. 

Draft Action Plan

The Draft Action Plan is aimed at managing 'Environmental Noise'.  It is prepared jointly by all of the four local authorities in the Dublin Agglomeration - Dublin City Council, Fingal County Council, South Dublin County Council and Dun Laoghaire-Rathdown County Council, being the designated authorities under article 7 of the Environmental Noise Regulations to do so.   

The main purpose of the Noise Action Plan is to;

The Plan will be of 5 years duration from the 31st October 2008. 

Whilst the noise maps and the Environmental Noise Regulations are aimed at developing strategic policy, it is acknowledged that when most people complain about noise, it relates more to local issues such as neighbour, entertainment, and construction noises. Most of these issues come within the remit of the Environmental Protection Agency Act 1992 and Health & Safety legislation.  However, the Noise Action Plan deals solely with strategic issues identified by the noise mapping. 

Roles and Responsibilities
Under the Environmental Noise Regulations 2006 the 4 Local Authorities within the 'Agglomeration of Dublin' are designated as the noise-mapping and action planning bodies for the purpose of making and approving strategic noise maps and action plans.  They have been designated as the noise mapping bodies and action planning authorities for the following categories within their areas:-

- All Roads and Major Roads

- All Rail and Major Rail,

- Major Industrial Processes

- All Airports and Major Airport.

Draft Action Plans were completed before the required date i.e. the 18th July 2008, and are designed to manage, within the agglomeration, noise issues and effects including noise reduction if necessary.  The Plans also aim to protect quiet areas against an increase in noise.  Before producing and implementing Action Plans the local authorities must consult with the Environmental Protection Agency and the noise-mapping body for the noise-map involved, i.e. NRA, Iarnrod Eireann, IPPC licensed Plants, Dublin Airport Authority.  The Local Authorities are also responsible for consulting with members of the public and are required under the Directive to demonstrate how they have done so.

Public consultation

Notice of the preparation of the Noise Action Plans by the four Dublin Local Authorities was published in the Irish Times on the 18th July 2008.The notice stated that a draft of the proposed Plans was available for inspection and for purchase at the offices of the four Authorities and that written representations could be made in relation to the Draft Noise Plans before the 12th September 2008. A copy of the Plan was circulated to all the elected Members of the Council and the Members of the Environment and Transportation SPCs.

The Noise Action Plan must come into effect on the 31st October 2008.The making of the Plan is an executive function to be performed by the Manager of the Local Authority. ‘’

A total of eleven submissions was received by the Council before the closing date for the receipt of submissions. A synopsis of the submissions received together with the Council’s response on each submission is contained in the document which accompanies this report and will be incorporated into the final Plan where appropriate. Submissions received by the other local authorities in the Dublin agglomeration will also be taken into consideration in the final Plan.

The making of the of the Plan is an executive function.