Windfarm Nuisance Awards Exceed €300,000 – Irish Times
- What: Four individuals successfully sued a wind farm operator (Meenacloghspar (Wind) Limited) over noise nuisance.
- Where: Ballyduff Windfarm, Kilcomb, near Enniscorthy, Co.
- When: Judgment delivered in 2023, actions commenced between 2017-2021.
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Irish Wind Farm Nuisance Claims: Over €300,000 Awarded in Damages
Table of Contents
What Happened: The Nuisance Claims
Four individuals – Margaret Webster, Keith Rollo, Ross Shorten, and Joan Carty – were awarded over €300,000 in damages after taking High Court actions against Meenacloghspar (Wind) Limited, the operator of the Ballyduff Windfarm. the claims centered around noise levels emanating from the two-turbine wind farm, which were deemed an “unreasonable interference” with the enjoyment of nearby properties by Ms. Justice Emily Egan.
The cases were the first of their kind in ireland and the UK,specifically addressing private nuisance claims stemming from wind turbine noise. The wind farm has been operational since 2017.
The Plaintiffs and Their Experiences
Margaret Webster & Keith Rollo
Margaret webster and her ex-partner, Keith Rollo, resided in a home located 369 meters from the nearest turbine.Ms. Webster continues to live at the property, while Mr. Rollo moved out in March 2021 due to the severity of the noise nuisance. Mr. Rollo reported experiencing low mood, sleep disturbance, and irritability, attributing the breakdown of his relationship with ms.Webster to the ongoing disturbance.
Mr. Rollo argued he was entitled to ongoing damages even after leaving the property, as he was denied the benefit of its enjoyment. Meenacloghspar disputed this, claiming damages should be limited to the period before his departure.
Ross Shorten & Joan Carty
Ross Shorten and Joan Carty purchased a property intending to retire ther full-time. However, before the wind farm became operational, they reconsidered their plans. They commenced proceedings in 2018 and sold the property in 2021.
The Court’s Decision and Injunction
In a notable judgment last year, Ms. justice Egan ruled in favor of the plaintiffs, acknowledging the detrimental impact of the wind farm’s noise. In May, she granted an injunction imposing restrictions on the wind farm’s operation. These restrictions include the shutdown of one turbine during specific hours.
A subsequent ruling assessed the damages to be awarded to the plaintiffs, totaling over €300,000.
Legal Implications and Precedent
this case sets a crucial precedent for future private nuisance claims related to wind turbine noise. It demonstrates that wind farm operators can be held liable for disturbances affecting the quality of life for nearby residents. The ruling highlights the importance of thorough environmental impact assessments and noise mitigation strategies during the planning and operation of wind farms.
The success of these claims may encourage others affected by wind turbine noise to pursue legal action. It also underscores the need for clear regulations and guidelines regarding acceptable noise levels from renewable energy infrastructure.
Understanding Private Nuisance in Ireland
private nuisance, in Irish law, occurs when a person’s use or enjoyment of their property is unreasonably interfered with by another. To succeed in a claim, a plaintiff must demonstrate:
- A significant interference with their use or enjoyment of the property.