Milne v Stuartfield Windpower - [2019 SC ABE 25]
Citation: Milne v Stuartfield Windpower - [2019 SC ABE 25]
Rule of thumb: Can windfarms be left on at all times during the day? If they are near urban neighbourhoods, no. The whirring is a nuisance if it is left on for too long and an injunction and/or damages can be granted by the Court to ensure the windfarm is run in a proportionate way.
Judgment:
The Court held that it is a nuisance for windfarms to be constructed in such a way that it causes long and significant intrusions with property makes it a nuisance, “the fact that it can continue at a significant, intrusive level for lengthy periods; the character of the noise, whether it takes the form of rhythmic, repetitive 'blade swish' or any of the other, apparently less well understood, forms of turbine noise; the unpredictable manner in which the volume and character of the noise emitted by the turbines can change, or the noise can cease altogether, only to resume again in an equally unpredictable manner”
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.