Court Permanently Shuts Down Three Wind Turbines and Awards Significant Damages
Mr Byrne and Ms Moorhead brought a private law nuisance action in the High Court in Dublin against ABO Energy Ireland Limited, ABO Energy O&M Ireland Limited and Wexwind Limited in respect of a windfarm beside the plaintiffs’ home in Wexford. The Plaintiff claimed that the defendants’ wind farm caused, by means of noise, a substantial interference with their day-to-day enjoyment and use of their home and garden.
On day 11 of the six week trial, the Defendants admitted liability for nuisance and partially abated the issue by switching off the relevant wind turbines at night from 10pm to 7am. In addition, the defendants proposed to switch off the wind turbines during the morning from 7am to 11am at weekends and on public holidays but would continue the nuisance into the future during the remaining periods of the day and they proposed paying damages for this future ongoing nuisance, together with damages for the nuisance to date, in part relying on the fact that the turbines contribute to Ireland’s renewable energy needs.
The Court held there were 2 main issues to be considered:
- The approach of the assessment of the damages for the nuisance to date.
- Whether the noise nuisance should be fully abated by means of an order restraining the operation of the wind turbines or whether the defendants should be allowed to pay damages for committing an ongoing nuisance into the future in circumstances where the unlawful interference contributes to Ireland’s efforts to meet its renewable energy targets as part of Ireland’s Climate Change Plan.
The Judge visited the site during the trial and noted “Initially, to the unsensitised ear, it sounded as if an aircraft might be flying overhead. To my ear, the noise on the day was moderately intrusive.”
The Court awarded general damages to the first plaintiff €10,000 for each year of the nuisance which commenced in May 2013; and the second Plaintiff €15,000 for each year bringing the award of general damages to €120,000 and €180,000 respectively. The Court also awarded aggravated damages in the sum of €60,000 on the basis that the defendants did not substantially engage with the plaintiffs’ complaints throughout a long period noting that “The response and approach of the defendants for the period of twelve years prior to the trial was seriously unimpressive.”
The Court acknowledged the importance of the Climate Action Plan but noted that the proportion of energy generated by the wind turbines constituted a “tiny” percentage of the renewable energy supplied to Ireland’s grid. The Court held that “the fair, just and appropriate outcome is to make a permanent order directing that the three turbines in operation be shut off completely.”
The Judge said that the option of allowing the defendants to pay damages to continue the nuisance was not appropriate notwithstanding the public interested in maintaining and increasing the renewable energy supply. This was principally on the grounds that the defendants failed to put forward any proper evidential basis for mitigation measures that might have made a meaningful impact on the noise nuisance problem and would have allowed the wind turbines to continue to operate, notwithstanding the factual and expert evidence that this could have been done.
Conclusion
An interesting case and possibly the first in Ireland and the UK where the Court has ordered the shut down of wind turbines permanently. The Court certainly took into consideration the actions or lack of engagement of the defendants throughout the preceding 12-year period.
If you would like any further information or advice on these issues, please contact Orla Kelly or another member of our Planning & Environmental team.
*This information is for guidance purposes only and does not constitute, nor should be regarded, as a substitute for taking legal advice that is tailored to your circumstances.
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