Enercon Forced to Accept Liability for Harm Caused to Neighbours of Irish Windfarm!

Families forced from homes due to wind farm noise win court case

A number of families in Co Cork who were forced to leave their homes because of noise from a nearby wind farm have won a significant case in the High Court this week.

The families claim they have been severely impacted by noise since the wind farm began operating in 2011.

This is the first action of its kind in Ireland and may now open many wind farm developers to the prospect of legal challenges from families in similar situations.

The case was taken against wind turbine manufacturer Enercon who have accepted full liability for causing nuisance to seven families who live up to 1km from the wind farm.

The case will return to the High Court in 2017 to discuss punitive damages.

Promises in Government over the last four years to introduce planning regulations regarding wind turbines have failed to materialize.

According to out-dated guidelines, turbines may be built 500m from homes. In many cases, including this, wind turbines have been built closer than 500m.

A spokesperson for Wind Aware Ireland said: “There now is a possibility for multiple legal actions against wind farms right around the country.

“The legal implications for the wind industry are significant. The use of inadequate and out-dated planning guidelines may come back to haunt the industry, planning authorities and the Department of Communications, Climate Action and Environment (DCCAE).”

On election, Minister Naughten promised that new planning guidelines would be in place within 3 to 6 months of the formation of the new government.

Colorado-based Juwi Wind, packs up & leaves Tipton County….Yahoo!

July 13, 2014

PUBLIC EYE: Wind shifts focus in Tipton County

The wind died considerably in the northwestern portion of Tipton County last week, leaving the perfect break in the weather for remonstrators of wind farm development in the county to celebrate.

Following 11 months of litigation, Colorado-based juwi Wind will no longer pursue plans to develop Prairie Breeze Wind Farm, a project that would have included 94 wind turbines in Prairie and Liberty townships while investing $300 million in the project.

The turbines that countless members of the public have referred to as “offensive” will remain off of farm property and away from those who claim the structures are too loud while reducing property values.

No matter which side of the aisle residents have been on, Tipton County Commissioner Joe VanBibber described juwi’s decision not to build as “a closure to a difficult time in the community.”

Ultimately, the new stipulations put in place by the Tipton County Board of Zoning Appeals proved to be the biggest contributing factor in juwi’s project not coming to fruition.

Juwi’s lawsuit alleged the BZA had exceeded its authority by increasing the distance wind turbines had to be from property lines and requiring a property value guarantee plan to protect non-participating property owners in the project area.

While some have questioned whether local officials have had the best intentions of the public and landowners as wind energy has become the hot button issue in recent years, there can be little argument that the stipulations played a huge role in preventing the wind turbines from going up. juwi said the stipulations “effectively rendered the project impossible to build.”

VanBibber said he believed juwi “no longer wants to do business in that environment.”

So what type of development is appropriate for the county moving forward?

With one wind farm backing out in the county, attention will no doubt shift back to E.ON’s Wildcat Wind Farm, which still has plans to build a second phase of turbines in center of the county.