The operators of eight wind turbines at the centre of a £2.5million lawsuit over alleged noise nuisance have acted reasonably and fairly in response to all complaints, London’s High Court has heard.
William Norris, defence QC in the High Court damages claim brought by Lincolnshire couple, Jane and Julian Davis, said it was “never reasonably foreseeable” that the couple would be “adversely affected” by the sound of the turbines.
He suggested the couple’s accounts of unsettling noise from the turbines has been “exaggerated, inconsistent and unreasonable”.
He added: “Whether their reaction has been that of reasonable windfarm neighbours is an issue in the case – given that the wind farm is compliant with the noise conditions imposed by its planning permission, and given the scientific evidence.”
Mrs Davis and her husband, Julian Davis, are suing local landowners – RC Tinsley Ltd and Nicholas Watts – on whose land some of the turbines are sited, as well as Fenland Windfarms Ltd and Fenland Green Power Cooperative Ltd, who own and operate them.
The couple, who say they were driven out of their home at Grays Farm, Deeping St Nicholas in 2007 by the “whirr and hum” of the turbines’ blades, are seeking a permanent injunction to halt the noise, or damages of up to £2.5 million to compensate them for the disruption of their lives.
They are now living in nearby Spalding.
The hearing continues.