In Finney v Welsh, the appeal court supported the decision to refuse an increase in wind turbine height after finding that a 10-meter increase in turbine height would be a material change that would be inconsistent with the description of the permitted development and thus would result in a different development. A section of the decision is provided below. The full decision can be accessed by selection the document links on this page.
Documents filed under Legal from Europe
The European Court of Justice has ruled against Bulgaria in a case brought by the European Commission against the country over its failure to protect unique habitats and important species in the Kaliakra special protection area at the Black Sea coast, the court announced on January 14 2016. Projects such as wind turbines, a golf course, spa and hotels have been approved and built in the area by Bulgarian authorities, despite the likelihood it would lead to significant disturbance of these protected species. As a result, the court has found Bulgaria to be breaching the EU’s Birds and Habitats Directives. A portion of the ruling is below. The full decision can be accessed by clicking the links on this page.
In this case, the claimant, Andrew Joicey, argued six grounds for overturning the planning approval of a 100kilowatt wind turbine. Primary among the complaints was that the planning council did not provide public access to the turbine noise assessment report until a day before the hearing where approval was granted. Complaints were also issued over whether the council properly considered the cumulative impact of noise from a neighboring wind project. The count agreed with Mr. Joicey and overturned the approval. This is the third time the court overturned a planning decision approving this turbine. The decision can be accessed by clicking the links on this page. The introduction of the decision is provided below.
Tribunal de Grande in Montpellier in France found that the visual and audible impacts of an operating wind facility on the owners of the Eighteenth Century Château de Flers in the northern French province of Nord-Pas-de-Calais were unreasonable and ordered the ten turbines be removed. A summary of the Tribunal's ruling is provided below. The full order can be found by clicking the link(s) on this page.
This important ruling by the Portuguese Supreme Court determined that noise emissions from a four turbine facility had resulted in severe impacts on a family living and working nearby. A lower court recommended that the turbines suspend operations from dusk to dawn but the Supreme Count found this decision was unacceptable since the turbines made noise during the day. The court ordered suspension of the total operation of wind turbine nos. 1, 2, 3, and 4 both day and night and the defendant, therefore, remove them. The defendant was also ordered to pay the plaintiffs as compensation the sum of thirty thousand euros. A portion of the ruling is provided below. The full ruling can be accessed by clinking the link(s) on this page.
This useful analysis examines many of the key issues raised before the Courts in the United Kingdom regarding wind turbine noise nuisance cases. An excerpt of the paper is provided below. The full report can be accessed by clicking on the link at the bottom of this page.
This important case before le tribunal de Montpellier has resulted in a decision ordering La Compagnie du Vent to dismantle 4 of the 21-turbines sited near Névian, France. The judge also awarded damages of €500,000 to the family which brought the case to compensate for the nuisance caused and the estimated loss in value of their property, which is situated 650 meters from the nearest turbine. A rough translation of the ruling is provided below. The full ruling, in French, can be accessed by clicking the link(s) on this page.