The operators and owner of a wind farm in Co Wexford have admitted liability in a High Court action taken by a married couple who claim the facility has “destroyed” the use and enjoyment of their home.
Raymond Byrne and Lorna Moorhead’s case, taken against ABO Wind Ireland Ltd, ABO Wind OMS Ireland Ltd and Wexwind Ltd, claims the defendants caused or permitted noise, vibration and shadow flicker to be emitted from Gibbet Hill Wind Farm, located close to Bunclody.
This nuisance has caused the couple – who live just over 1km from the facility – stress, anxiety and sleep disturbance, and “destroyed” the “use and enjoyment” of their property, they allege.
The couple, who brought their action in 2018, seek various reliefs, including an injunction requiring the defendants to discontinue the operation of the wind farm.
On Thursday, Mr Justice Oisín Quinn was told by lawyers for the defendants that an admission of liability was being made to the claims of nuisance made by Mr Byrne and Ms Moorehead.
The admission came on the 11th day of a trial hearing in the case.
The wind farm has been in operation since 2013. ABO Wind Ireland Ltd and ABO Wind OMS Ireland Ltd are the operators of the wind farm, while Wexwind Ltd is the owner.
All three companies have a registered address at Aspen Court, Cornelscourt, Dublin 18.
The case had been contested by the defendants. In the proceedings, they had denied that they wrongly caused or permitted the nuisance alleged.
In their statement of claim, Mr Byrne and Ms Moorhead allege that defendants “wrongfully caused or permitted and continue wrongfully to cause or permit” noise, vibration and shadow flicked to be emitted from Gibbet Hill Wind Farm.
The “chronicity and severity” of this nuisance has meant that their use and enjoyment of their home and lands has been “wrongfully interrupted, prevented, and destroyed”.
Mr Byrne and Ms Moorhead further claim that the nuisance has devalued their property, and thus they had suffered loss and damage.
The couple allege they have suffered stress and anxiety allegedly caused by the “permanently unpleasant environment” on account of the wind farm, and have suffered sleep disturbances because of the noise emitted.
The case will return before the court next week.
