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

BreakingNews.ie

time05-06-2025

  • Business
  • BreakingNews.ie

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

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. Advertisement 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. Advertisement 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. Advertisement 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'. Ireland Ireland has warmest spring in 126 years – Met Éire... Read More 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. Advertisement 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.

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

Irish Times

time05-06-2025

  • Business
  • Irish Times

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

A Co Wexford wind farm 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, 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. Mr Justice Oisín Quinn refused to grant a stay, pending appeal, which would 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. READ MORE 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 was seen as 'critical' to the future success of wind as a major source of renewable energy. The trial had heard 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. 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 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 they switched off the turbines from 10pm to 7am daily. At the end of the six week trial on April 4th, the defendants apologised for the nuisance and said they would also switch off the turbines from 7am to 11am at weekends and public holidays, pay damages for nuisance to date and into the future and address shadow flicker. In his 100 page judgment, Mr Justice Quinn said the plaintiffs' expert evidence was that the nuisance was 'one of the worst cases of wind farm noise impact' while the defence expert said it was 'an outlier'. 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. 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.

Wexford school principals share memories ahead of 50th anniversary celebration
Wexford school principals share memories ahead of 50th anniversary celebration

Irish Independent

time28-05-2025

  • General
  • Irish Independent

Wexford school principals share memories ahead of 50th anniversary celebration

Our Lady of Lourdes Bunclody officially opened in 1975 with the amalgamation of female and male pupils for the first time. The principal at the time, Michael Dee said they were surprised at how seamlessly everything fell into place at the beginning of the school. "We were all pleasantly surprised at how seamlessly the amalgamation worked out. After a few weeks it looked as if both staff and pupils had been in such an environment all their lives. The school very soon garnered a reputation for hard work and high standards, traits still evident to this day. "Apart from the academics I would have very happy memories of the music, drama and games programmes which proved very enjoyable and successful. We always enjoyed great cooperation from Bunclody G.A.A. and soccer clubs and the help forthcoming from F.C.J. school in all our stage productions. Our school concerts wouldn't have happened without Harry Mc Mullen,' he added. Keen to follow in his footsteps, James Roberts took over the role as principal in 1997 and got heavily involved in the Rackard League. "They say that a new broom sweeps clean but when I followed Michael Dee as principal of Our Lady of Lourdes National School in 1997 I was determined to hold on to as much as I could of what his dedication to the school had given Bunclody. Michael had successfully managed to integrate two schools into a cohesive, dedicated and happy family where the focus was on the children,' he said. 'My first year's involvement with Rackard League was successful with the boys winning the Roinn A Football Competition in 1997/98 but truth be told, this was mainly down to the work of the previous principal Michael Dee, to teacher Edward Martin and to Colm O Tiarnaigh, the then principal of Kilmyshall NS who had sown the seeds of success. Interest in GAA was high, especially as the winning Wexford All Ireland Hurling Team visited the school the previous year.' He also spoke about how the staff fought to receive more help from the state after they were not included as a a priority school (Band 1) which would have given them much-needed additional teachers and considerable extra funding. According to a survey, which they used to support their campaign, Bunclody was recognised as the most economically depressed town in Ireland. "With this knowledge we pushed the Department for inclusion in Band 1 of DEIS and we were included shortly after. This gave the school extra teachers and crucially a fulltime Home School Co-Ordinator. The additional funding enabled breakfast clubs, homework clubs, school meals, extra resources, play therapy services and a whole range of extra services to be provided without the need for fundraising,' he explained. One of the most successful programmes introduced was the Enrichment Programme. The aim of this programme was to provide something different to the normal classroom experience and enable students to challenge themselves to achieve their full potential. Some of the elements of the programme included cryptology and code breaking, painting classes, debating, Maths competitions, LEGO Robotics, cooking, Spelling Bee, quizzes and podcasting. Speaking on his most memorable possession after being at the helm for 22 years, he said: 'My most cherished possession from my 22 years as principal in Our Lady of Lourdes NS is a series of books called 'To Be Continued …'. The books complete stories written by Ben Markey. Ben was a second class pupil who died in a tragic accident on May 11, 2013. He was an extraordinary boy who loved writing. Many of his stories were unfinished because he would start one story but get a new, better story he couldn't wait to write.' Current principal, Tomás Moriarty who took up the mantel in 2019, said he knew from the beginning that the school was a special place, despite the challenges posed by Covid-19. "From my first visit, to meet James Roberts and the children, it was clear that OLOL NS was a special place. Walking in through the gates, I remember that the school grounds were sparkling in the early Summer sun and from the first meeting with the children and staff I was made feel welcome,' he said. "The years since have been eventful but rewarding! I was still finding my feet when the Covid pandemic hit in March 2020. None of us could have foreseen what was coming when Leo Varadkar announced schools would close in March 2020. The talk was that we would be open again after Easter, little did we know. Two long periods of online learning followed alongside interludes in school with open windows, masks and the constant smell of hand sanitiser. May we never see the likes again!" He emphasised that, as a result of building on the legacies of the previous principals, the current school is full of life and boundless activities. "School life here in OLOL NS is a daily burst of activity, the classes and corridors buzzing with the life and energy that the children bring to the school. There is so much happening, from our school band to art classes, from Rackard League, athletics, soccer and more to Chess Club. Every day is different but each day brings its own rewards.' To celebrate the milestone, the school is inviting past pupils, staff, and locals to a special mass beginning at 11 a.m. on Thursday, May 29, followed by refreshments and speeches.

Former pupils invited to Wexford school's 50th anniversary celebration
Former pupils invited to Wexford school's 50th anniversary celebration

Irish Independent

time28-05-2025

  • General
  • Irish Independent

Former pupils invited to Wexford school's 50th anniversary celebration

Our Lady of Lourdes Bunclody officially opened in 1975 with the amalgamation of female and male pupils for the first time. The principal at the time, Michael Dee said they were surprised at how seamlessly everything fell into place at the beginning of the school. "We were all pleasantly surprised at how seamlessly the amalgamation worked out. After a few weeks it looked as if both staff and pupils had been in such an environment all their lives. The school very soon garnered a reputation for hard work and high standards, traits still evident to this day. "Apart from the academics I would have very happy memories of the music, drama and games programmes which proved very enjoyable and successful. We always enjoyed great cooperation from Bunclody G.A.A. and soccer clubs and the help forthcoming from F.C.J. school in all our stage productions. Our school concerts wouldn't have happened without Harry Mc Mullen,' he added. Keen to follow in his footsteps, James Roberts took over the role as principal in 1997 and got heavily involved in the Rackard League. "They say that a new broom sweeps clean but when I followed Michael Dee as principal of Our Lady of Lourdes National School in 1997 I was determined to hold on to as much as I could of what his dedication to the school had given Bunclody. Michael had successfully managed to integrate two schools into a cohesive, dedicated and happy family where the focus was on the children,' he said. 'My first year's involvement with Rackard League was successful with the boys winning the Roinn A Football Competition in 1997/98 but truth be told, this was mainly down to the work of the previous principal Michael Dee, to teacher Edward Martin and to Colm O Tiarnaigh, the then principal of Kilmyshall NS who had sown the seeds of success. Interest in GAA was high, especially as the winning Wexford All Ireland Hurling Team visited the school the previous year.' He also spoke about how the staff fought to receive more help from the state after they were not included as a a priority school (Band 1) which would have given them much-needed additional teachers and considerable extra funding. According to a survey, which they used to support their campaign, Bunclody was recognised as the most economically depressed town in Ireland. "With this knowledge we pushed the Department for inclusion in Band 1 of DEIS and we were included shortly after. This gave the school extra teachers and crucially a fulltime Home School Co-Ordinator. The additional funding enabled breakfast clubs, homework clubs, school meals, extra resources, play therapy services and a whole range of extra services to be provided without the need for fundraising,' he explained. One of the most successful programmes introduced was the Enrichment Programme. The aim of this programme was to provide something different to the normal classroom experience and enable students to challenge themselves to achieve their full potential. Some of the elements of the programme included cryptology and code breaking, painting classes, debating, Maths competitions, LEGO Robotics, cooking, Spelling Bee, quizzes and podcasting. Speaking on his most memorable possession after being at the helm for 22 years, he said: 'My most cherished possession from my 22 years as principal in Our Lady of Lourdes NS is a series of books called 'To Be Continued …'. The books complete stories written by Ben Markey. Ben was a second class pupil who died in a tragic accident on May 11, 2013. He was an extraordinary boy who loved writing. Many of his stories were unfinished because he would start one story but get a new, better story he couldn't wait to write.' Current principal, Tomás Moriarty who took up the mantel in 2019, said he knew from the beginning that the school was a special place, despite the challenges posed by Covid-19. "From my first visit, to meet James Roberts and the children, it was clear that OLOL NS was a special place. Walking in through the gates, I remember that the school grounds were sparkling in the early Summer sun and from the first meeting with the children and staff I was made feel welcome,' he said. "The years since have been eventful but rewarding! I was still finding my feet when the Covid pandemic hit in March 2020. None of us could have foreseen what was coming when Leo Varadkar announced schools would close in March 2020. The talk was that we would be open again after Easter, little did we know. Two long periods of online learning followed alongside interludes in school with open windows, masks and the constant smell of hand sanitiser. May we never see the likes again!" He emphasised that, as a result of building on the legacies of the previous principals, the current school is full of life and boundless activities. "School life here in OLOL NS is a daily burst of activity, the classes and corridors buzzing with the life and energy that the children bring to the school. There is so much happening, from our school band to art classes, from Rackard League, athletics, soccer and more to Chess Club. Every day is different but each day brings its own rewards.' To celebrate the milestone, the school is inviting past pupils, staff, and locals to a special mass beginning at 11 a.m. on Thursday, May 29, followed by refreshments and speeches.

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