Irish wind turbine noise concerns not protected by planning permission

Dublin based Kevin Collins of Pinsent Masons was commenting following an Irish court judgment (30-pages/431KB PDF) that found a wind farm liable in nuisance for the noise of its turbines not just in terms of decibel volume, but in relation to specific noise characteristics.

“This is new legal territory. The rules set out by this case will influence how future wind farms are designed, approved, built and operated for many years to come,” said Collins.

The court found that the wind turbine noise caused a nuisance during night hours and quiet waking hours and granted an injunction requiring the operator to take steps to minimise the nuisance. Significantly, it expressed serious doubts about whether a grant of planning permission can provide a full and complete defence to a claim in private nuisance. The judgment confirms that the quality and character of the noise matter just as much as the volume. Factors such as the rhythmic “thumping” sound some turbines produce, noise unpredictability, and the times at which noise occurs – particularly at night – are all relevant. It means that a wind farm could be within its permitted noise limits and still be found to be causing a nuisance.

Collins said: “Many wind farmers have assumed that if they comply with the noise limit set out in their planning permission, they cannot be sued by neighbouring residents. This case challenges this assumption head-on. The court made clear that planning permission, even with specific noise conditions, does not automatically protect a developer. This is particularly important because many planning permissions were granted years ago, before the full range of noise issues associated with wind turbines were properly understood.”

The court also noted that when developers fail to engage with concerns about the impact of wind turbine noise on local residents, it poses a risk to the development of renewable energy in Ireland as a whole. It added that this applies even more strongly in a case like this one, where a nuisance has been found to exist.

Despite the wind farm operator arguing that restricting turbine operation while it appealed the decision would cause significant financial loss, the court was not persuaded. It found that the financial impact on the developer, while real, could not override the rights of the residents who had been suffering from turbine noise for years.

“The message is clear. Financial hardship alone will not prevent a court from enforcing an injunction against a wind farm operator,” said Collins.

The court was also critical of the operator’s conduct throughout the proceedings. Rather than trying to find ways to reduce the noise, the developer focused on arguing it had done nothing wrong. The court found this behaviour “unneighbourly” and held it against the developer when deciding to pass the injunction. It emphasised that developers who fail to take noise complaints seriously are themselves a threat to the future of renewable energy because they “undermine public trust” in the industry and make it harder for wind farm projects to gain acceptance in local communities.

Collins said: “The judgment puts the whole sector on notice. Ireland is building more wind farms, with the country committed to significantly expanding its renewable energy capacity. However, the rules set by this case should be noted and taken seriously as they will influence existing farms and future developments.”