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Hush-hush end to noise nuisance wind farm case  

Credit:  By SHARON PELL, www.spaldingtoday.co.uk 1 December 2011 ~~

A couple’s five-year High Court battle over an alleged noise nuisance created by the wind farm in Deeping St Nicholas has ended with a secret settlement.

Expert witnesses had been due to appear before Mr Justice Hickinbottom in London yesterday but proceedings were halted on Tuesday during private talks between those involved.

The settlement has come almost five years since Julian and Jane Davis, who claim they were driven out of their home in North Drove Bank, Spalding, by the eight turbines, took up their fight.

The couple had been suing landowners RC Tinsley Ltd and Nicholas Watts, as well as Fenland Windfarms Ltd and Fenland Green Power Co-operative Ltd, who own and operate the wind farm.

All of the defendants denied liability in the case.

Peter Harrison QC, representing Mr and Mrs Davis, made the official announcement about the settlement at the High Court yesterday.

A joint statement said: “All parties to the claim are pleased to report that the case has been settled.

“The terms of that settlement are strictly confidential, and the parties will not be answering any questions about the terms of that agreement.”

The Davis’ house at Grays Farm is 1,050 metres from the wind farm, which went “live” in 2006.

The couple moved out and into rented accommodation after they claimed the noise made by the turbines left them unable to sleep.

Evidence had already been put to the High Court hearing in July, when key witnesses, including Mr and Mrs Davis and the landowners, gave their account of experiences with the commercial wind farm.

Mrs Davis had described the sounds and vibrations from a “low-key hum” to a “swoosh” and “pulsing beat”.

However, Mr Watts, whose house is 910 metres from the nearest turbine, said he had never been bothered by the sound they make.

The case was then adjourned ahead of expert testimony.

The proceedings had captured the attention of the nation, as it was believed to be the first to test the law on whether the sound created by the turbines amounts to a noise nuisance.

Source:  By SHARON PELL, www.spaldingtoday.co.uk 1 December 2011

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

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