Courts / Kerry / Report
Landmark decision as High Court finds wind farm noise constitutes nuisance
Summary
In a landmark High Court ruling, Justice Emily Egan held that the noise from the Ballyduff Windfarm at Kilcomb, near Enniscorthy, constitutes an unreasonable interference and therefore a nuisance to neighbouring residents. The decision, the first private nuisance claim against wind turbine noise in Ireland or the UK, found that the sustained periods of high‑level noise, especially in the evenings, weekends and early mornings, substantially interfered with the plaintiffs' enjoyment of their homes. The plaintiffs, Margret Webster and Keith Rollo, and Ross Shorten and Joan Carty, sued Meenacloghspar (Wind) Limited for damages, alleging the noise had damaged their lives, health and property values. The court rejected the defendant's claims of negligence and of non‑breach of planning conditions, and directed the parties to re‑engage in mediation to seek proportionate mitigation measures. The case will proceed to a second module to determine damages and possible injunctions. The hearing lasted 51 days and the costs are estimated above €1 million.
Who, what, where, when and why
What: Report matter: Landmark decision as High Court finds wind farm noise constitutes nuisance. Procedural stage: hearing_or_decision
When:
- 2024-03-08 Publication
Case subjects
Applicant
Applicant
Places mentioned
Topics
Related court reports
- Dispute between son and allegedly controlling mother to go to mediation
- Farmer sues 'very controlling' mother
- Families take action against wind farm operator over alleged noise and nuisance
- Wind farm can stay open after Supreme Court dismisses residents appeal
- Supreme Court agrees to hear claim that wind farm operating outside of planning permission
- Five-year jail term for farmer who killed neighbour "too lenient", DPP to argue
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request