Homeowners Awarded Over €300,000 in Landmark Wind Farm Nuisance Case

Dublin: Four homeowners have been awarded a combined sum exceeding €300,000 in damages after the High Court found that noise from a Co Wexford wind farm caused a sustained nuisance and interfered with their enjoyment of their properties.

In a significant judgment, Ms Justice Emily Egan ruled that noise generated by the two-turbine Ballyduff Windfarm at Kilcomb, near Enniscorthy, amounted to an “unreasonable interference” with residential life. The claims were brought against Meenacloghspar (Wind) Limited, based in Donnybrook, Dublin 4. The case marked the first private nuisance action relating to wind turbine noise to reach a full trial in either Ireland or the UK.

The first action was taken by Margaret Webster and her former partner Keith Rollo, whose home, Hill House, sits just 369 metres from the nearest turbine. The second claim came from Ross Shorten and Joan Carty, who previously owned a nearby property approximately 359 metres away, which they sold in 2021, three years after initiating proceedings.

In May, the court had granted an injunction imposing operational restrictions on the wind farm, including the partial shutdown of one turbine during specific hours. The recent judgment focused on the assessment of damages arising from the nuisance.

Ms Justice Egan awarded Ms Webster general damages of €10,000 per year for the nuisance endured since the wind farm began operating in 2017 — amounting to €87,500 — along with entitlement to future damages until the injunction takes effect.

Mr Rollo, who left Hill House in March 2021 citing severe disturbance, sleep deprivation, and emotional distress, was awarded €18,500 per year for the period he endured the nuisance, totalling €77,000. However, the court rejected his claims for reimbursement of accommodation expenses and future housing costs, finding insufficient evidence that the nuisance directly caused the breakdown of his relationship with Ms Webster.

The court also found in favour of Mr Shorten and Ms Carty, awarding each €34,000 in general damages. While noting that the pair did not live full-time at the affected property, Ms Justice Egan acknowledged that the nuisance had disrupted their plans to retire there.

In addition, the judge awarded damages for the devaluation of both properties, granting €55,000 to Mr Shorten and Ms Carty and €30,000 to Ms Webster and Mr Rollo.

Ms Justice Egan noted that the case represented a “serious and sustained interference” with the plaintiffs’ right to quiet enjoyment of their homes. However, she added that with the injunctive relief now in place, the noise levels would be brought under control, preventing further harm.

The judgment is being viewed as a landmark decision in environmental and property law, potentially setting a precedent for future nuisance actions involving wind farm operations across Ireland and the UK.