Couple lose noise case against LUAS firm

A couple who claimed they were exposed to very serious and aggravating noise on a daily basis from the LUAS, which runs close to their home South Dublin home, have their lost the High Court action.

In her judgment today at the High Court yesterday Ms Justice Mary Laffoy dismissed the claim Paula and Vincent Smyth, of Cambridge Terrace, Leeson Park, Dublin, after finding that they "had not established nuisance".

The Smyths', whose home is close to the LUAS green line, sued the Railway Procurement Agency (RPA) and Veolia Transport Ireland Ltd, who operate the LUAS on behalf of the agency. The Attorney General was a notice party to the case.

They claimed that the enjoyment of their home was "severely undermined and compromised" due to noise from the LUAS since it began operating in July 2004.

A tram passed their home 330 times between 5.30am and 12.30 am every weekday and 254 times daily at the weekend.

They claimed they were unable to enjoy their garden or hold a conversation when a tram passes or were unable to sleep properly.

Their bedroom faced onto the LUAS embankment and they regularly had to sleep with the windows shut and with ear plugs.

In what was a 16-day action heard by the Court in 2008 the couple sought injunctions restraining the defendants operating the Luas in a manner that causes a noise nuisance and requiring them to erect an appropriate barrier to reduce the noise. They were also seeking damages.

The defendants denied the claims, contend the LUAS is being operated in accordance with the terms of the Transport Light Rail Acts of 1996 and 2001 and also plead that the operation of the Luas under those Acts cannot as a matter of law give rise to the nuisance alleged.

Their back garden was in close proximity to elevated sections of the LUAS Line running between Sandyford and St Stephen's Green.