Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
The High Court has ordered the shutdown of a wind turbine ("T2") during specific sensitive periods at night and quiet waking hours at certain wind speeds, finding that the turbine's noise, including amplitude modulation (AM) and "thump" AM, caused a nuisance to the plaintiffs. The court determined that the defendant's trial of a single mitigation mode, the 1,600 KW mode, did not appreciably abate the nuisance. The court's injunction is tailored to balance the plaintiffs' right to quiet enjoyment of their home against the public interest in renewable energy production, allowing the turbine to operate at reduced capacity or to shut down completely during specified conditions.
Nuisance, wind turbine, amplitude modulation (AM), "thump" AM, sensitive periods, quiet waking hours, night hours, mitigation measures, shutdown, High Court, injunction, public interest, renewable energy, wind speeds, noise reduction, Enercon operating modes, sleep disturbance, background noise, masking noise levels, property rights, environmental benefit.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now