The High Court in Ireland has ordered the shutdown of three turbines at the 15MW Gibbet Hill wind farm in County Wexford.
Justice Oisin Quinn said turning off three of the project’s six Nordex units is the only solution to a case in which three defendants admitted liability for noise nuisance, according to a judgement published yesterday.
The judgement, which followed a six-week trial earlier this year, also directed €300,000 in damages be paid to the plaintiffs, a couple who live close to the project.
Justice Quinn directed the award of an additional €60,000 in aggravated damages, according to the judgement, as he ruled the “response and approach of the defendants for the period of twelve years prior to the trial was seriously unimpressive”.
Gibbet Hill has been in operation since May 2013. The defendants in the case were ABO Energy Ireland, ABO Energy O&M Ireland and Wexwind.
“I have decided that the fair, just and appropriate outcome is to make a permanent order directing that the three turbines in question be shut off completely,” stated Justice Quinn in the ruling.
“That is the only order based on the evidence, in the opinion of both sides’ experts, which will prevent the nuisance which the defendants admit is a serious one.”
In a statement, ABO Energy said it is committed to being a responsible developer and a good neighbour.
It added the project secured planning permission and was later acquired by Wexwind in 2013 and ABO O&M provides technical services..
“The fact the wind farm complies with the planning conditions is accepted by all parties,” the statement added.
“However, it is important to stress that this case relates to a specific combination of circumstances at Gibbet Hill. Wind energy technology and planning standards have continued to advance significantly over the past decade, further reinforcing protections for communities.
“ABO Energy has been active in Ireland for almost 20 years, delivering long-term investment and employment in rural communities, and contributing to a secure, sustainable electricity supply.
“Going forward, it is important that the planning system and all relevant policy and guidance provide certainty to developers and the public, too.
“This will enable the delivery and operation of the renewable energy projects needed in Ireland over the coming years, and the local and national benefits they create.”