Wind Farm Nuisance Damages Awards – €300k Total
- A High Court ruling in Ireland has awarded substantial damages to four plaintiffs who successfully sued a wind farm operator over noise pollution, setting a precedent for similar...
- The High court of Ireland awarded a combined total of over €300,000 to four individuals who brought private nuisance claims against Meenacloghspar (Wind) Limited,the operator of the two-turbine...
- This marks the first successful private nuisance claim related to wind turbine noise to be fully litigated in both Ireland and the United Kingdom, establishing a notable legal...
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Irish Court Awards €300,000 in Landmark wind Farm Nuisance Case
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A High Court ruling in Ireland has awarded substantial damages to four plaintiffs who successfully sued a wind farm operator over noise pollution, setting a precedent for similar cases in Ireland adn the United Kingdom.
What Happened: The Ballyduff Wind Farm Dispute
The High court of Ireland awarded a combined total of over €300,000 to four individuals who brought private nuisance claims against Meenacloghspar (Wind) Limited,the operator of the two-turbine Ballyduff Windfarm located in Kilcomb, near Enniscorthy, County Wexford. The case centered on claims that noise emanating from the wind turbines constituted an “unreasonable interference” with the plaintiffs’ enjoyment of their properties.
This marks the first successful private nuisance claim related to wind turbine noise to be fully litigated in both Ireland and the United Kingdom, establishing a notable legal precedent. The wind farm has been operational as 2017.
The Plaintiffs and Their Claims
The legal actions were brought by two separate pairs of plaintiffs:
- Margaret Webster and Keith Rollo: Residents of Hill House, located 369 meters from the nearest turbine, thay claimed nuisance from the wind farm’s commencement. Rollo testified the noise contributed to low mood, sleep disturbance, and irritability, ultimately leading to the breakdown of their relationship and his relocation in March 2021.
- ross Shorten and Joan Carty: Owners of a nearby property who initiated proceedings in 2018 but sold the property in 2021. They sought damages for the period they occupied the property while experiencing the alleged nuisance.
A key point of contention was whether Mr. Rollo was entitled to ongoing damages after moving from Hill House. Meenacloghspar argued damages should cease upon his departure, while Rollo contended he was denied the benefit of his property and deserved continued compensation.
The Court’s Ruling and Damages Award
In May 2023, Ms. Justice Emily Egan issued an injunction restricting the wind farm’s operation, including a requirement to shut down one turbine during specific hours. Her recent judgment detailed the damage awards.
| Plaintiff | Damages Awarded (€) | Notes |
|---|---|---|
| Margaret Webster | 132,817 | For nuisance endured from 2017 to present. |
| Keith Rollo | 98,844 | For nuisance and its impact on his well-being and relationship. Court awarded ongoing damages despite his relocation. |
| Ross Shorten | 63,844 | For nuisance experienced during property ownership (2018-2021). |
| Joan Carty | 63,844 | For nuisance experienced during property ownership (2018-2021). |
| Total | 359,349 |
The Court found that the noise levels generated by the Ballyduff Windfarm constituted a significant and unreasonable interference with the plaintiffs’ right to peaceful enjoyment of their properties. the ruling underscores the importance of considering the impact of renewable energy projects