Windfarm must shut down three turbines and pay €360,000 damages to couple, High Court orders

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A windfarm must fully shut down three of its six turbines and pay a total €360,000 damages, including €60,000 aggravated damages, to a couple over its adverse impact on them, a High Court judge has ordered.
ABO Energy Ireland Ltd and ABO Energy O&M Ireland Ltd, operators of the wind farm at Gibbett Hill, near Bunclody, Co Wexford along with its owner, Wexwind Ltd, also face a potential legal costs bill of €2.3 million incurred by Raymond Byrne and Lorna Moorhead in their proceedings.
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Mr Justice Oisín Quinn refused to grant a stay, pending appeal, on orders made in a judgment on Friday so as to permit the three turbines closest to the couple's home to partially operate over certain fixed hours.
The defendants failed to engage 'in any meaningful way' with the 'genuine and substantive' complaints made by the couple over 12 years since the turbines began operating in 2013, he said.
The defendants' 'seriously unimpressive' approach represented a threat to the goal of developing wind farms and wind energy here, he said. Addressing wind turbine noise in a substantial way is seen as 'critical' to the future success of wind as a major source of renewable energy.
The trial had heard that engineers and other experts are used to engaging with nearby residents and others and there are 'usually many solutions available', short of shutting down wind turbines, he noted.
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The defendants' approach merited aggravated damages, he said, but he would not award exemplary damages for reasons including the impact of the shut down order and positive behaviour of the defendants during the trial, including their admitting liability for nuisance on day 11 of the hearing.
In their proceedings, the couple claimed the defendants had wrongfully caused or permitted noise, vibration and shadow flicker to be emitted from the wind farm which caused, and continues to cause them, stress, anxiety and sleep disturbance, 'destroyed' the use and enjoyment of their property and devalued it.
Represented by John Rogers SC, instructed by solicitor Joe Noonan, they initiated their action in 2018.
The defendants had contested the claims but, last March, on the 11th day of the hearing of their full action, the defence admitted liability in relation to the claims of nuisance and switched off the turbines from 10pm to 7am daily.
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At the end of the six week trial on April 4th, the defendants apologised for the nuisance and told the court they would also switch off the turbines from 7am to 11am at weekends and public holidays, would pay damages for nuisance to date and into the future and would address shadow flicker.
In his 100 page judgment on Thursday, Mr Justice Quinn said the plaintiffs expert evidence was that the nuisance was 'one of the worst cases of wind farm noise impact' and the defence expert said it was 'an outlier'.
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He awarded annual damages of €10,000 and €15,000 respectively to Mr Byrne and Ms Moorhead for the 12 years of the nuisance from May 2013, meaning €120,000 and €180,000 general damages respectively.
It was not appropriate to permit the defendants to pay additional damages rather than have the three turbines shut down, he held. The 'fair, just and appropriate' outcome was a permanent order directing their full shut down as that was the only order which would prevent what the defendants admitted was a serious nuisance.
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If an evidential basis for a solution, or combination of solutions, had been put forward by the defendants, that could have avoided the full shutdown of the turbines, he said.
His conclusions, he stressed, were limited to the circumstances of this case, including the defendants decision to 'largely ignore' and then fail to engage in any meaningful way with a 'substantial and serious problem' they had belatedly admitted.