Noise Nuisance – Start of legal proceedings

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.

See: https://scotlandagainstspin.org/2017/09/noise-bulletin-septoctober-2017-by-kind-permission-of-jack-pease/

OTHER PROBLEMS WITH SIMILAR TURBINES

In another case, Mr and Mrs Milne have started legal proceedings against the owners of wind turbines at West Knock Farm near their Aberdeenshire property. Following three procedural cases earlier this year, the “proof” case has been called in February 2018.

A statement issued on the couple’s behalf says “Having received no notification, Mrs Milne and her husband were unaware that three 80m Enercon E48 turbines (48m rotor span) would be erected in such proximity to their home in 2011.

Despite the 2011 Aberdeenshire Council guidelines stating that turbines should be placed at least 10 x rotor distance from homes, the closest turbine is only 420m from their property. The second and third turbines are approx.. 650m and 950m distant respectively.”

Mrs Milne explains that “frequently the noise generated by the turbines can be heard through double glazing and her outdoor life has been plagued by the insidious nature of the noise.”

“Complaints to Aberdeenshire council from the Milnes and other properties in proximity to the turbines resulted in a Statutory Noise Nuisance notice being served on Stuartfield Wind Power in 2013.

The notice was appealed and the company given time to rectify the noise issue.

Environmental health officers have visited the property many times on occasions the weather conditions were such that one of the officers said that the noise was so bad the bedrooms were essentially unusable.”
“In 2016 the council employed independent consultants Hoare Lea Acoustics to carry out a noise survey at several properties neighbouring the wind cluster. Their report confirmed that the nature and volume of the noise would still cause problem for residents. Aberdeenshire council has so far not taken any legal action; the reason is unclear.”

From the outset, the couple have sought advice from an acoustic expert on both the noise report submitted in the planning phase and in subsequent noise monitoring surveys carried out by Greencat Renewables, agents for the turbine operator. With this and Aberdeenshire Council’s apparent unwillingness to take matters further, the Milnes have been forced to pursue their own legal case to try to get the noise abated.”

Civil – Ordinary Actions

Evidential Hearing – First allowed diet

Sheriff Unallocated

Case Title Case Ref Solicitor
Andrew Milne + others v Stuartfield Windpower Limited ABE-B336-17 Balfour + Manson LLP

4 thoughts on “Noise Nuisance – Start of legal proceedings

  • Aberdeenshire Council is the worst council in UK except perhaps Tower Hamlets, they are useless, we are having a similar problem with shooting near our home, been complaining for 2 years, I know its different from wind turbine noise but noise is noise. The EH doesn’t want to know the crap we have been getting from them is unbelievable, I sympathise with the people involved in this case.

  • We wish Rosie and everyone involved, all the very best for next week. We will be waiting for news, may justice prevail !!
    June and Ed Hall

  • Of course the problem is for Aberdeenshire Council to be proactive on this case they first have to admit that they stuffed up in the first place by granting planning consent, even though it was against their own guidelines and policies. Only a cynic would think that had anything to do with the fact that the turbine owner is an ex councillor himself and good buddy with serving councillors. The very fact that Aberdeenshire has been trashed to such a horrendous degree is entirely due to the number of councillors who are farmers or related to farmers and have been busy looking after their chums. You have only to look at the difference between Aberdeenshire and Angus. I’m sure the terrain and wind profiles don’t change at the River N Esk, but the number of industrial wind factories is so obviously different.

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