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.