Neighbours row over hot-tub fans

COURT HEARS THAT HOT-TUB FANS KEEP NEIGHBOURS AWAKE AT NIGHT

A KILLORGLIN couple have been ordered to turn off extractor fans in their hot-tub room following a row with their neighbours over what has been described as a ‘low continuous humming noise’ which is keeping the neighbours awake at night.

In a lengthy case before Cahersiveen District Court on Thursday, Michael and Mary Coyle of Dunmaniheen, Killorglin, took a civil case against neighbours Stephen and Sinead O’Sullivan, over noise coming from their house heating pump and extractor fans in their hottub and exercise room in a converted garage.

Two different noise sources were identified – one was the extraction fan from a hot-tub room and one was a heating pump which operates an underfloor heating system.

Mary Coyle said that, as far as she could ascertain, the noise came from the hot-tub and exercise room and the heat pump came on as an intermittent noise but was not there all the time.

“The noise keeps us awake at night. We changed the glass in the windows and put sponges in the vents and we can’t stop the noise,” Mrs Coyle told the court. She said the couple had to attend a doctor as a result and were prescribed sleeping tablets.

The court heard that the Coyles had complained to Kerry County Council about the noise and the council had issued a section 107, which ordered the O’Sullivans to stop the extractor fans between 11pm and 7am. This has not stopped the noise, Mrs Coyle told the court.

Mrs Coyle said she was ill over Christmas and could not sleep and that this court case is still the last step for them. “We just want the noise to stop,” she said.

Liam Coughlan, acting for the O’Sullivan’s, said the relationship between the parties is “contentious” and there were previous planning complaints to Kerry County Council and An Bord Pleanála. Tom Ryan of TMS Ltd – hired by Kerry County Council to investigate the noise – found that there was “a potential for noise nuisance”.

He undertook noise measurements at different locations on the property and factored in the background noise which, in this case, was very low and he said that an “adverse impact” is likely particularly at night.

He said that both the extraction vents or fans and the heat pump and fan are directly across from the Coyle residence. While he described the noise as “not significant”, he added that some noises are more annoying than others.

Eimear Griffin, representing the Coyles, asked Mr Ryan what were the solutions and he suggested relocating the source of noise, complying with the Section 107 and a sound barrier.

Mr Coughlan said the Section 107 had been compiled with and that there is a timer so the fans are not running all the time.

Under cross examination, Mr Ryan said he could not hear the noise in the bedroom when the windows were closed but he said that the Coyles could.

Mr Coughlan suggested that the Coyles are “hyper sensitive” to noise. “Everyone hears noise differently. I’m not saying that the Coyles didn’t hear it,” Mr Ryan told the court.

Mick Boyce from KCC’s environment section told the court that he had been contacted by the Coyles in 2015 and that a decision was taken to hire TMS to monitor the noise after informal talks had tried to resolve the matter.

On foot of the report from TMS, a Section 107 was issued directing the O’Sullivan’s not to run the hot-tub fans from 11pm to 7am. However, the Coyles had again contacted the council to say the noise was still there.

Mr Boyce visited the site on June 1, 2018 to observe this.

He said that it was a quiet night and he did observe a very faint low hum but he did not feel it was an actionable matter and it was not a noise that would cause him personal difficulties.

He said he was made aware that a civil case was going ahead and decided not to proceed with an enforcement order.

Mr O’Sullivan told the court that he had complied with the Section 107 and put a timer on the fans not to turn on during the hours stipulated.

“I thought the matter was finished until I got notice of his private prosecution,” he said.

Mr O’Sullivan also told the court it would not be possible to move the heat pump to the back as that is where the front door now is due to planning changes.

He said that he had no explanation for the noise as the fans are now controlled.

Ms Griffin said that there had been enough evidence to put in place a Section 107 in the first place and there was no proof that this was complied with. Mr Coughlan said that his client had complied with it.

In making his decision, Judge David Waters said that he had no problem with restricting the fans but that he could not restrict the heating system.

He said, as he delivered his ruling, that you can’t say there should be “zero noise” from a neighbour’s house.