FAQs

The Environmental Protection Agency (EPA) has published Information Note 1.1: FAQ Solvents and Deco Paint Regulations. The purpose of this Information Note is to provide Local Authorities and Operators subjected to the above Regulations, answers to the numerous queries that have been submitted to the EPA since the Regulations were introduced in January 2013. This Information Note may be updated in the future should additional questions be raised.

Operators of Car Spraying / Vehicle Refinishing business are legally required to obtain a Certificate of Compliance from their local authority (Environment Section) relating to solvent emissions from their premises, in accordance with S.I. No. 564 of 2012 European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012.
Tipperary County Council issues Certificates of Compliance based on the submission of an Accredited Inspection Contractor’s (AIC) Report along with the prescribed application fee of €70. Certificates are valid for a maximum period of 3 years.

The Environmental Protection Agency (EPA) has published Information Note 1.1: FAQ Solvents and Deco Paint Regulations. The purpose of this Information Note is to provide Local Authorities and Operators subjected to the above Regulations, answers to the numerous queries that have been submitted to the EPA since the Regulations were introduced in January 2013. This Information Note may be updated in the future should additional questions be raised.

There are a number of steps open to you under the law when you are experiencing nuisance caused by noise. The procedures detailed below are designed to cover general neighbourhood type noise problems, such as continual noise from other houses home workshops, local businesses etc.

1. Initially, it may be sufficient to explain to whoever is causing the noise that it is a nuisance and come to some mutually acceptable understanding.
2. In the case of noise emanating from multiple occupancy rented accommodation, the landlord (or the Housing section of Council in the case of local authority housing) should be contacted to determine if breaches of the tenancy agreement have occurred.
3. If this does not resolve the matter you may wish to consider contacting the Environment Section in the case of an activity for which a licence or Planning is required. Section 107 of the Environmental Protection Agency Act 1992 provides local authorities with powers to require measures to be taken to prevent or limit noise. These powers are generally exercised in preventing and limiting noise from commercial and industrial premises within their functional areas. A Notice can be served by a local authority on any person in charge of any premises, processes or works
4. Finally, you may exercise your right to make a formal complaint to the District Court seeking an Order to deal with the nuisance. Forms are available from the District Court office.

Problems arising from barking dogs are covered under the Control of Dogs Acts 1986 & 1992. A copy of the Form used for complaints to the Courts about noise from dogs is available to download from the following link..

a) There is no legislation on indoor air quality in homes therefore there is no organisation with responsibilities for this. However If you are experiencing health problems you are advised to contact your Doctor and your Health Service Executive local office.
b) If you think the source of the air pollution is outside you can contact the Environment Section who will investigate and deal with air pollution nuisance complaints.
c) If you think the problem is caused by the building you should contact your landlord/management company/builders/homebond/building section of local authority as appropriate.
d) There are some private companies who test air quality in private dwellings. You can find a list of these in your classified directory.

If the use of noise devices by farmers, to scare off birds eating their crops (knows as "crow guns/bangers") is causing a nuisance, and you consider that the noise to be so loud, so continuous, so repeated, of such duration or pitch, or occurring at such times that it gives you reasonable cause for annoyance you can initiate action to deal with it.

What action can I take?

1. Initially, it may be sufficient to explain to the farmer that it is a nuisance and so come to some mutually acceptable understanding.
2. If this does not resolve the matter you may wish to contact the Environment Section who will try and resolve the problem
3. Finally, you may exercise your right to take redress through the District Court under the Noise Regulations. However, before proceeding with a complaint, you are advised, to consult your local authority (where applicable) or seek legal advice.

Yes.
The re-spraying of cars and dry cleaning activities are regulated to minimise harmful effects on our environment and health. Car paint and dry cleaning raw materials contain Volatile Organic Compounds (VOC’s) which can evaporate into our atmosphere, even at room temperature. This can cause respiratory illness and have potentially harmful effects on our environment.

The District Court hears both sides of the case. If it finds in your favour, it can order the reduction of the noise to a specified level; limit it to specific times or to cease altogether.

How do I complain to the District Court?

1. Consult with the Clerk of your local District Court about a date for the hearing of your case
2. You must inform the person concerned that you will be making a complaint to the District Court. The date for the hearing of the case must be at least seven days later than the date you inform the person or body causing the noise.

You have to fill out a form available from the District Court Clerk and present your case in court. As a general rule, it is important to have a record of the times and dates when the noise nuisance occurred.

You may require a Certificate of Compliance from the local authority or License from the Environmental Protection Agency (EPA) depending on quantities of solvents used per year and the type of activity. You should contact the Environment Section Office and arrange meeting with person dealing with organic solvents who will clarify.

1. There is no legislation on indoor air quality in homes therefore there is no organisation with responsibilities for this. However If you are experiencing health problems you are advised to contact your Doctor and your Health Service Executive local office.
2. If you think the source of the air pollution is outside you can contact the Environment Section who will investigate and deal with air pollution nuisance complaints.
3. If you think the problem is caused by the building you should contact your landlord/management company/builders/homebond/building section of local authority as appropriate.
4. There are some private companies who test air quality in private dwellings. You can find a list of these in your classified directory.

1. It is likely that Planning Permission is required - contact planning who will investigate and verify.
2. Your neighbour is likely to require a certificate of compliance from Tipperary County Council - contact Environment Section who will investigate.

Contact the Environment Section who might be in a position to advise. If not you will have to resolve the issue with your neighbour. Frequently such problems are caused by high trees nearby or insufficient flue height.

At present ban on sale\burning of bituminous coal only applies to Clonmel.

In general no as land spreading is a ‘normal activity’ associated with agriculture and is encouraged as a beneficial use of organic fertiliser. However if you contact the landowner he may try and delay the land spreading until climatic conditions change, or you can request that he maintain a set-back from a house. However, he is not obliged to do this.
In general land-spreading of agricultural slurry in Tipperary is prohibited during the “closed period” i.e. from the 15th of October to the 12th of January annually. (Some exceptions: land-spreading of soiled water in Tipperary is less restricted, and farmyard manure cannot be land-spread from 01st November to 12th January.)

Operators of all Dry Cleaning Facilities are legally required to obtain a Certificate of Compliance from their local authority (Environment Section) relating to solvent emissions from their premises, in accordance with the S.I. No. 565 of 2012 – European Union (Installations and Activities Using Organic Solvents) Regulations
Tipperary County Council issues Certificates of Compliance based on the submission of Approved Assessors Report along with the prescribed application fee of €70. Certificates are valid for a maximum period of 3 years.

The Planning Authority regularly receives correspondence from Solicitors/other parties requesting a letter confirming that development contributions have been paid in compliance with the relevant condition of the planning permission.

The fee for this letter is €25.

A pre-planning consultation can be requested with the planner for your area prior to making an application.

The pre-planning consultation form must be completed and returned to the Planning Office together with the relevant location map by e-mail to planning@tipperarycoco.ie or by post to:

The Planning Section, Tipperary County Council, Civic Offices, Nenagh, Co. Tipperary or
The Planning Section, Tipperary County Council, Civic Offices, Clonmel, Co. Tipperary.

There are three types of permission, namely, Outline Permission, Permission following Grant of Outline Permission and Permission.

Outline Permission is suitable when a person wants to find out if permission will be granted for a particular development but is not in a position to submit the exact plans. The grant of Outline Permission states that the Planning Authority is in agreement in principle with the proposed development, subject to the submission of an application for "Permission following grant of Outline Permission"(Permission Consequent).

Permission following grant of Outline Permission (Permission Consequent): This type of application follows the grant of an Outline Permission and must be submitted within 3 years of the grant of Outline Permission. It provides for the submission of detailed plans and drawings of the proposed development.

Permission: This type of planning application provides for the submission of detailed plans and full particulars of the proposed development. A successful application in this case will enable the applicant to commence development if he or she is otherwise entitled to do so.

All development of land or property requires Planning Permission unless it is Exempt Development.

Development means the carrying out of any works on, in, over or under land or the making of any material change in the use of any structures or other land.

Development includes:-

• Building, Demolition, Alteration of Buildings or on Land
• Material (i.e. Significant) Change of Use of Buildings or Land
• New buildings and extensions to/refurbishment of existing buildings

An application may only be made by a person who has sufficient legal interest in the land to enable that person to carry out the development or who has the written consent of the owner. You should give full particulars of your legal interest in the site/structure on the planning application form.

Any person has the right to make a submission or observation on a planning application, under Article 29 of the Planning and Development Regulations 2001, as amended. A submission or observation can be made in writing in relation to any planning application within 5 weeks beginning on the date of receipt by the planning authority of the application. All submissions must include a prescribed fee of €20 and payment can be made by cash, cheque, draft, postal order or credit/debit card. Any submission or observation made to the Planning Authority is made available for public inspection both in the hard copy file and on the Council’s website.

When you apply for planning permission, your application particulars will be published on a weekly list which is available on request by email to any person, body or organisation.

Your application includes all submissions and objections, the decision and any reports. These are made available for public inspection and on Council’s website for a period of 7 years.

A member of the public may purchase from the Council a full copy of your application including plans, maps and drawings, submissions and objections, the decision and any reports.

The time-frame for deciding on a planning application is 8 weeks. Before this period expires, the Council must grant permission, refuse permission, request further information or, with your agreement, extend the time period.

The Council cannot determine your application within the first 5 weeks. This is to allow third parties an opportunity to make submissions on your application.

If on request, further information is forwarded to the Council and does not require any clarification, the Council has 4 weeks to make a decision on your application. If you do not reply to further information within 6 months of being requested, your application will be declared withdrawn.

The nine days from 24 December to 1 January inclusive are excluded from the stated time periods.

The Grant schemes for Arts open and close throughout the year you can see the most up to date grants here