Next week sees the start of the Milne’s long awaited noise nuisance case against Stuartfield Windpower Ltd in Aberdeen Sheriff Court. SAS members will be attending and posting updates on the Website, Facebook and Twitter whenever possible along with any press coverage. We wish these two very special people all the luck in the world.
Aberdeen Sheriff Court – Sheriff Andrew Miller
Today saw the start of the Milne’s long awaited noise nuisance case against Stuartfield Windpower Ltd.
Andrew and Rosemary gave evidence this morning and answered questions from John Campbell QC. Rosemary was later cross examined by Counsel for Stuartfield Windpower Ltd, James Findlay QC . It was a difficult line of questioning but she answered confidently and clearly.
Proceedings will resume on Thursday when the Milne’s expert witness, Dick Bowdler, will give evidence along with the EHO from Aberdeenshire Council who is of the opinion that the noise constitutes a statutory nuisance. Matt Cand of Hoare Lea Acoustics will support the Council. Their report confirmed that the nature and volume of the noise will still cause problems for residents.
Day 2 was taken up by Matt Cand of Hoare Lea Acoustics giving expert evidence for Aberdeenshire Council. He explained all the technical issues to the Sheriff and appeared to firmly support the Milnes. He was then cross examined for 90 mins by James Findlay QC, acting for Stuartfield Windpower Ltd.
Dick Bowdler will give expert evidence in support of the Milne’s this morning followed by Cameron Sutherland, Noise Consultant for the Defenders. The case is now expected to run over into next week as Mr Albert Howie and his son (Defenders) have yet to be heard.
The test in law for Nuisance is whether the noise is intolerable to a reasonable person. The Milne’s evidence clearly shows that they find the noise intolerable so the case comes down to whether they are reasonable. Much of the cross examination by James Findlay QC, Counsel for the Defence, was designed to show that they were over sensitive or sensitised. Audio clips were produced and the one played in court had a helicopter drowning out turbine noise.
Dick Bowdler gave evidence in technical terms to show that the Milne’s reaction to the noise was something to be expected. He also discovered there was a flaw in the data used by James Findlay QC and brought this up in his evidence.
Lay evidence also showed the Milne’s reaction was reasonable because other people felt the same about the noise.
The defence evidence consisted of 15 minutes from Mr Howie Jnr of Stuartfield Windpower and Cameron Sutherland their Noise Consultant, who showed 13 reports confirmed the planning condition was met. This of course is irrelevant in a Nuisance case.
Both parties will return to court for Closing Submissions on 12 March with a decision expected shortly afterwards.
Closing submission will be heard at Aberdeen Sheriff Court on Monday 12 March in the Noise Nuisance case against Stuartfield Windpower Ltd. The Sheriff’s decision is expected in 6-12 weeks.
We have just received news that the Milnes’ Noise Nuisance case against Stuartfield Windpower Ltd was successful !!!!!!!!!
Stuartfield Windpower Ltd appealed the Sheriff’s decision (below). Another Hearing has been scheduled for 2 August.
The Sheriff has determined in a written judgment that the Milnes have been subjected to a Statutory Nuisance as a result of noise emanating from a 3 turbine wind cluster, the nearest turbine being just 420m from their home. Time has been allowed for the site operator to propose measures which will see the noise nuisance permanently abated. To assess any such proposals, when they come forward, the case will call again in Court on a date which has yet to be agreed, but which is likely to be within the next month or so, depending on counsels’ and the Courts diaries. Meanwhile, trialling of abatement measures is continuing with the cooperation of both parties. Expenses of the Summary Application, brought to Court under the Environment Protection Act, 1990, s.82, have yet to be determined.
Today at Aberdeen Sheriff Court, expenses were awarded to Andrew Milne’s team up to and including the last Hearing in May.
Today’s Hearing has been continued till 26 September to allow Stuartfield Windpower Ltd to do more noise testing on the turbines.
The Noise Nuisance case has been continued until January to give time to ascertain if mitigation measures have been successful.
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