Wind Farm Noise May Be A Nuisance – But Compliance Remains A Critical Issue

The Victorian Supreme Court has found that intermittent noise from Bald Hills Wind Farm at night was a nuisance, and awarded damages, aggravated damages in light of the past management of the complaints, and an injunction (stayed for 3 months) to prevent further noise nuisance.

The case is significant in confirming that intermittent noise may be a nuisance even if compliant with the regulatory regime, although the specific permit conditions for Bald Hills and different regulations that now apply to wind farms in Victoria mean that this decision cannot be directly translated to other circumstances.

Uren v Bald Hills Wind Farm Pty Ltd [2022] VSC 145 (25 March 2022)

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