Noise barriers to be installed following complaint over public realm works in Roscommon

Roscommon County Council and its contractor carrying out public realm works in Roscommon Town have agreed to install sound barriers outside the offices of a local solicitor.

Roscommon Town solicitor Bríd Miller, who has a premises on the Athlone Road, took noise nuisance proceedings against the local authority and its contractor, Coffey Construction Ltd, Moanbaun, Athenry. She said that the works, which had started at the end of July, had severely disrupted and interfered with her business.

A solicitor’s practice required an environment for confidential communications without disruption and needed to be a place clients could access with certainty and dignity, her affidavit filed with the Courts Service said. She argued that the level of noise, dust, and vibration generated by the works had interfered with her practice and her ability to provide legal services to her clients. As part of this affidavit, acoustic monitoring was carried out on behalf of Ms Miller.

During the sitting, Ms Miller disputed the council’s assertion that the works outside her office had concluded, submitting video footage from that morning to show the works were ongoing. She also highlighted that works outside the office would resume in November when the road was due to be resurfaced. The court heard that these works would take place in mid-November and could take up to three to four days.

Judge James Faughnan urged the sides to discuss the matter while he dealt with the regular business of the court. When the matter resumed, the court heard that a proposal to install noise barriers outside the office had been offered. These would reduce the noise by 10 to 15 decibels.

However, while Ms Miller was agreeable to this solution, she wished the matter to be adjourned with liberty to re-enter in case the solution did not work. This was not acceptable to the respondents, she said. She said she had also suggested that the resurfacing works take place at the weekend but was told this would set a precedent and would be too costly.

“It seems that I am going to have to endure four more days of excessive noise,” she said. The court heard from counsel for the contractor Mr James Charity that there had been engagement about the issue with Ms Miller, who replied “all I got was ‘we’re very sorry’. There was no solution.” She also said that when she contacted the council in September, she was told there was no noise. She added that a report from the noise monitoring device installed by the contractor outside her premises was not available.

Judge Faughnan said he had visited the site when the court had briefly risen and observed that the works were ongoing. He asked the respondents what measures had been taken to ensure people could access a business during the works. He was informed that pre-fabricated aluminium walkways had been installed.

After viewing footage of the works, the judge observed that the ramp from the walkway shoots into the door of Ms Miller’s office.

“If I was elderly I wouldn’t be able to get down that ramp,” he said.

The judge asked that people carrying out works be cognisant of others, particularly those in business. Counsel for the contractor Mr Charity said his client was conscious of that.

The judge directed that the matter be adjourned until November 17th with liberty to re-enter. He also declined the council’s application to be removed from the proceedings, with its barrister Aran Grealish saying that it was now a matter for its contractor and Ms Miller.

“Coffey’s would not be there if you didn’t bring them in,” the judge said.

Ms Miller also said that legislation did not give the council "carte blanche" to “trample” on a person’s right to make a living.

Adjourning the case for mention, Judge Faughnan said it was his hope that it would be resolved.