By B.N. Frank
Worldwide opposition to wind turbines and farms is likely to increase until significant biological, economic, environmental, and safety issues – including fires (see 1, 2), noise, and toxic emissions– are eliminated or greatly reduced (see also 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28). In September a lawsuit led to two turbines being demolished in Massachusetts. Last month Page County, Iowa residents filed a lawsuit to stop a proposed wind project. Last week Logan County, Illinois residents announced they may take legal action against a newly approved wind farm. Earlier this week Wexford, Ireland residents took legal action against the company operating turbines near their homes since 2017.
Couples sue over ‘constant noise and nuisance’ from wind turbines near Wexford homes
Credit: Story by Tim Healy • 22 Nov 2022 • independent.ie ~~
Two couples have brought High Court damages actions over what they claim is nuisance and excessive noise from a wind farm near their Co Wexford homes.
The actions have been brought by Margret Webster and her partner Keith Rollo, as well as by Ross Shorten and Joan Carty, against Meenacloghspar (Wind) Limited, which operates the two-turbine Ballyduff Wind Farm at Kilcomb, near Enniscorthy in Co Wexford.
The plaintiffs both have properties close to the wind farm which has been in operation since 2017.
They allege that since that date they have been subjected to constant noise and nuisance which had damaged their lives, health and property value.
The claims are fully denied by the defendant, with a registered address at Stillorgan Road, Donnybrook, Dublin 4.
The cases, which are expected to take several weeks to hear, opened before Ms Justice Emily Egan on Tuesday.
In their separate action, Ms Webster and Mr Rollo seek an order requiring the defendant to cease operating the turbines and to decommission and dismantle them.
They also want an order restraining the defendant from operating the wind farm until it is constructed in a way such as to not cause undue and excessive noise, vibration and shadow flicker at their home.
The further seek a declaration that the wind farm has been operated other than in accordance with its planning permission.
They also seek damages including aggravated damages for nuisance, negligence, breach of duty and breach of their Constitutional Rights, including their rights to family life, bodily integrity and the quiet enjoyment of their home.
In their application, Mr Rollo and Ms Webster also seek to amend their action so that they may bring personal injuries claims against the defendant.
That motion is opposed.
Opening the case, John Rogers SC, for all the plaintiffs, said that Ms Webster and Mr Rollo claim that the impact of the noise, vibration and shadow flicker from the turbines has devalued their family home, which is 369 metres away from the turbines.
Their sleep has been disrupted, their anxiety levels have increased, and their overall mental health has suffered due to the noise and vibrations generated by what are “significant” pieces of electricity generating infrastructure, counsel said.
The court heard that the noise was like a cement mixer, or an aeroplane flying overhead without ever landing.
It is also claimed that the noise from the wind farm breaches one of the conditions of the planning permissions.
Mr Shorten and Ms Carty, who have an address at Grange Road, Rathfarnham Dublin, say their Ballyduff property is some 359 metres from the wind farm and they seek similar reliefs to those sought by Ms Webster and Mr Rollo.
They have also claimed that their Co Wexford home has been devalued and their rights to enjoyment of their property have been damaged by the noise, vibrations and shadow flicker from the windfarm.
In its defences against both sets of proceedings, the wind farm operator, represented by Oisin Collins SC, denies that it is responsible for any diminution of the value of the plaintiffs’ homes, that it has interfered with their constitutional rights, or that it has been negligent as alleged.
It also denies that the wind farm is being operated in breach of its planning permission.
The hearing continues.
Source: Story by Tim Healy • 22 Nov 2022 • independent.ie
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