Davis v Tinsley: settlement agreed in 'noisy wind
farm' landmark case
A landmark private nuisance case against a
wind farm, launched in the High Court on 4 July 2011 and due to
resume at the end of 2011, has now reached an out-of-court
settlement.
background
The case involved a couple from Lincolnshire,
Jane and Julian Davis, who were forced to move out of their
farmhouse in 2007 due to the unbearable noise coming from a wind
farm located nearby.
The couple brought a claim against the
developers, landowners and operators of the wind turbines, seeking
a permanent injunction to limit the hours of operation of the wind
farm and have the turbines closest to their home shut down or
damages of up to £2.5 million in the alternative.
To read more on the facts and the legal issues
surrounding the case, please see our July 2011 update.
settlement
The case was settled out of court following a
joint press release issued by the parties on 30 November
2011. In this press release they reported that the case had
been settled, that settlement terms were strictly confidential and
that the parties would not answer any questions about the
terms.
A formal court decision had been eagerly
anticipated by a number of objectors to wind farm expansion and had
been expected to provide a landmark ruling for the wind turbine
industry. The details of the settlement, however, remain
confidential.
While this confidentiality is less than
helpful for potential claimants in similar situations, it is
welcomed by wind turbine owners and developers who are less likely
to face a flood of compensation claims than they might have done
following a formal court decision, publicly available.
In the meantime, the Wind Turbines (Minimum
Distances from Residential Premises) Bill, which was laid before
parliament in 2010 to address the increase in complaints against
onshore wind turbines, is currently being reviewed by the House of
Lords. The Bill's main aim is to make provision for a minimum
distance between wind turbines and residential premises. The
Committee stage has been scheduled for 27 January 2012 when the
Bill will be scrutinised line by line by the House of Lords.
