A wind turbine has been ordered to be removed after the Scottish Courts decided it was too noisy. However the local council failed in their duty to ensure that planning conditions had been met. However this precedent may make councils reconsider their position. The story is told here
The area of note here was that the case was taken through the resident’s household insurance. Could it be that if no win, no fee solicitors see this as easy pickings, many small on farm turbines will become targets for legal action. Each case must be considered on it’s merits and in this case the proximity of 300 metres and an especially noisy turbine came together as a perfect storm. However this is not an isolated case in some areas and once the precedent has been formed, as is the case now, many more people may decide to take their claims to court. What is needed now is to win a class action against a large wind farm. Now that would be interesting!