Joe NoonanIreland: High Court refuses to stay its injunction on noisy wind turbine operation pending an appeal.
www2.courts.ie/acc/alfresco... #nuisance #noise #windfarm #amplitudemodulation
“150. …. the defendant and its experts have failed, at every step of the way to engage with the actual complaints made by the plaintiff. If, therefore, the defendant does not succeed in the core legal point which it makes -the “wholly reliable indicator” defence - then its route to
This report mistakenly says they needed the permission of the High Court to appeal.
Wind farm to appeal significan...
Wind farm to appeal significan...
IT: Judge Emily Egan’s decision from 2024 was the first in Ireland or the UK to find wind turbine noise levels amounted to “unreasonable interference” with locals’ enjoyment of their properties.
Last May the judge placed restrictions on the operation of Ballyduff Windfarm at Kilcomb in Co Wexford, including ordering the shutdown of one of the facility’s two turbines during certain hours.
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Note: The injunction is now in force
A second such injunction was also granted by the High Court of Ireland restraining noisy wind turbine operations.
Three turbines elsewhere in Wexford have been shut off since the middle of last year by order of the Court in another case.
There have been five judgments in all in the Webster, Rollo, Carty and Shorten cases. They are all findable on courts.ie.
This is a link to one: ww2.courts.ie/viewer/pdf/7...
Comment: The defendants in the Byrne Moorhead case admitted liability for noise nuisance on the eleventh day of trial.
The remainder of the trial was on whether to shut the three noisy turbines in question off fully or partially.
Having heard the evidence, the Court ordered a full shut off.
That decision was not appealed.
The 2024 High Court judgment was the first in Ireland or the UK to find wind turbine noise levels amounted to “unreasonable interference” with locals’ enjoyment of their properties and a nuisance at Common Law.
It followed a 54 day trial.
Link to the initial 154pp. judgment.
ww2.courts.ie/viewer/pdf/4...
#CommonLaw #Nuisance #Noise #Home #Windfarm
