Carty vs Meenacloghspar Wind

Author: Egan, Emily | Ireland, Law, Noise

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Judgment of Ms. Justice Emily Egan delivered on the 8th day of March 2024

Ballyduff, Enniscorthy, Co. Wexford—

582. I find that there are frequent and sustained periods during which AM [amplitude modulation] values are conservatively in excess of 5 or 6 dBA. I also find that there are regular periods during which the AM values are considerably in excess of 6 dBA, in the order of 10 dBA or more. I find that such high AM values exacerbate the other intrusive features of the AM such as its erraticism, impulsivity and intermittency. I find that although noise levels will be lower when the windows are fully closed, high AM values remain. I find that there is a significant audible lower frequency component to the WTN [wind turbine noise]. This produces clear whomping, thumping and whacking sounds. These whoomphing and thumping sounds are themselves highly variable and unpredictable. In addition to being heard, this lower frequency WTN is felt as a vibration or a sense of pressure. The WTN is audible and “felt” both outside and inside NF [Nettlefield] and HH [Hill House], including in the master bedrooms at both properties. I find that, when even with the windows are entirely shut this lower frequency noise is clearly audible throughout both houses and that thump AM can be felt as a vibration in the structure of NF and in particular HH. I am satisfied that this thump AM is commonly present over sustained periods.

590. I find that two features in particular of the WTN AM render the WTN an unreasonable interference. First, there are frequent and sustained periods during which the AM manifests typical AM values at a level widely acknowledged to be associated with high levels of annoyance. Second, this WTN displays periods of thump AM. The oral evidence of all four plaintiffs and the Webster-Rollo diary entries all suggest that thump AM, together with its association vibration, is the most intrusive quality of the WTN. This thump AM vastly adds to the nuisance posed by the wind farm. In combination, I find that this is WTN which reasonable people would find it impossible to habituate to.

Download original document: “Webster/Rollo and Shorten/Carty vs Meenacloghspar Wind”

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