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Industrial wind energy: Discussion on nuisance and negligence actions relating to noise and health

ABSTRACT.

There is a growing body of information, data, opinion, litigation and complaint surrounding the proliferation of industrial wind turbine developments worldwide. Governments have been quick to adopt the purported clean energy benefits of such development but slow to advance and implement appropriate guidelines, enforcement mechanisms and a means to examine what appears to be a growing public health issue related to noise.

This paper reviews case law to date and current health and independent noise data that indicate litigation in common law for private nuisance and negligence may succeed based on the common complaints associated with living near industrial wind turbines, that is, noise, health problems and property devaluation.

Planning and guidelines in relation to these developments now offer certainty to developers but have reduced the input of locals and local government. It is considered that the global view cannot override well established common law principles and that those impacted by these developments locally, should be able to seek redress in the courts.

Government responses to global problems should not result in harm or damage to individuals or small communities.

Download original document: “Industrial wind energy: When planning & guidelines fail the locals; Is common law an instrument to protect neighbours? A discussion on nuisance and negligence actions relating to noise and health [1]