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