Common sense had to be applied in situations where building works diminished quality of life in residential areas, a court has ruled. Judge Raymond Groarke was dealing yesterday with a noise nuisance complaint by an air steward, Ms Farah Massimi, against the builders of a hotel on the site of a former school, St Stephen's, at Northumberland Road, Dublin.
Mr Roughan Banim, for Ms Massimi, of Estate Cottages, Northumberland Road, told the Circuit Civil Court that builders J.J. Rhatigan and Co Ltd did not comply with District Court prohibitions on working hours at the site.
Ms Massimi had claimed the use of machines and cranes engaged in excavating, pile-driving and general construction operations had caused considerable distress and upset in her home. Mr Mark Connaughton, for the builder, said the development was being carried out in accordance with planning permission, good building practice and with due regard to the rights of local residents.
Mr Padraic Rhatigan, company director, of Ballagh, Bushy Park, Co Galway, claimed Ms Massimi was driven by her stated objection to the development.
Ms Massimi was granted an injunction acknowledging the builder's entitlement to continue cons truction work but restraining the company from creating noise between 6.30 p.m. and 8 a.m. on weekdays, 9 a.m. on Saturdays, and between 1 p.m. on Saturdays and 8 a.m. on Mondays.