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ARTICLE · 25 MARCH 2024

Noise From Wexford Wind Farm Constitutes Nuisance

William Fry LLP
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The turbines were built on foot of planning permission which was granted in 2004. The plaintiffs alleged nuisance in the form of noise and vibration generated...

IrelandReal Estate and Construction
Conor Linehan
Conor Linehan
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The case involved the experiences of two couples who owned houses located near two wind turbines in Ballyduff, Enniscorthy, Co. Wexford.

The turbines were built on foot of planning permission which was granted in 2004. The plaintiffs alleged nuisance in the form of noise and vibration generated by one of the nearby wind turbines, as well as shadow flicker.

Facts

The defendants had offered the plaintiffs a 'noise acceptance agreement' in which they would receive an annual payment for the duration of the planning permission of the turbine. The defendants presented several arguments relating to the planning permission of the turbines. The defendants argued that as the turbines have planning permission, this permission is a determinant of the nuisance, and the noise conditions set out in the permission are a reliable indicator of what noise levels are objectively reasonable.

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