The High Court has refused to suspend restrictions on the operation of a wind turbine at Ballyduff while the wind farm operator appeals earlier findings that turbine noise amounted to a nuisance to neighbouring residents.
Ms Justice Emily Egan ruled that Meenacloghspar (Wind) Limited must comply with the injunction previously imposed on turbine T2 during specified night-time and quiet waking hours. However, she stayed the payment of damages and the court’s costs orders pending the intended appeal.
The ruling is the fourth judgment in linked proceedings brought by Margaret Webster and Keith Rollo, and separately by Ross Shorten and Joan Carty. In an earlier liability judgment, the court found that wind turbine noise from T2 caused a nuisance during night hours and quiet waking hours. A later judgment imposed operating restrictions, while damages were subsequently awarded to all four plaintiffs.
The company argued that compliance with the injunction would reduce power generation by about 18% and produce estimated annual losses of at least €225,000. The court accepted that such losses would be irrecoverable if the company ultimately succeeded on appeal.
Against that, the judge found that continued unrestricted operation would expose Ms Webster to further noise nuisance in her home which money could not adequately compensate. The court noted that the nuisance had already continued for years and that its impact on Ms Webster was becoming more severe.
Ms Justice Egan also considered the company’s conduct, its limited engagement with an earlier trial-and-error mitigation process, delays since the liability ruling and the apparent strength of its proposed appeal. She found that arguable grounds of appeal existed, but described them as not strong.
The judge concluded that the greater risk of injustice lay in suspending the injunction. To reduce the financial risk to the company, she stayed payment of damages to all four plaintiffs and stayed the costs order and costs adjudication pending appeal.