Hush-hush end to noise nuisance wind farm case
Mayfair Drive, Spalding Jane and Julian Davis wind turbiine court case
A COUPLE’S five-year High Court battle over an alleged noise nuisance created by the wind farm in Deeping St Nicholas has ended with a secret settlement.
Expert witnesses had been due to appear before Mr Justice Hickinbottom in London yesterday but proceedings were halted on Tuesday during private talks between those involved.
The settlement has come almost five years since Julian and Jane Davis, who claim they were driven out of their home in North Drove Bank, Spalding, by the eight turbines, took up their fight.
The couple had been suing landowners RC Tinsley Ltd and Nicholas Watts, as well as Fenland Windfarms Ltd and Fenland Green Power Co-operative Ltd, who own and operate the wind farm.
All of the defendants denied liability in the case.
Peter Harrison QC, representing Mr and Mrs Davis, made the official announcement about the settlement at the High Court yesterday.
A joint statement said: “All parties to the claim are pleased to report that the case has been settled.
“The terms of that settlement are strictly confidential, and the parties will not be answering any questions about the terms of that agreement.”
The Davis’ house at Grays Farm is 1,050 metres from the wind farm, which went “live” in 2006.
The couple moved out and into rented accommodation after they claimed the noise made by the turbines left them unable to sleep.
Evidence had already been put to the High Court hearing in July, when key witnesses, including Mr and Mrs Davis and the landowners, gave their account of experiences with the commercial wind farm.
Mrs Davis had described the sounds and vibrations from a “low-key hum” to a “swoosh” and “pulsing beat”.
However, Mr Watts, whose house is 910 metres from the nearest turbine, said he had never been bothered by the sound they make.
The case was then adjourned ahead of expert testimony.
The proceedings had captured the attention of the nation, as it was believed to be the first to test the law on whether the sound created by the turbines amounts to a noise nuisance.
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Weather for Spalding
Friday 25 May 2012
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Comments
There are 9 comments to this article
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joggaju
Monday, December 5, 2011 at 04:24 PMJames1977 - have you actually followed this story for the past 5 years or are you coming in at the end? The Davis family have gone to hell and back over this as are other families all over the world whos properties are in the wrong position in relation to the turbines. Now bearing in mind that the houses were there first the complainants have every right if there is a genuine issue (as in this case) to challenge the developers. Like Sue Blake I feel that enough vilification has taken place towards the Davis family by people who have little or no knowledge of the truth. Please do your research more thoroughly before making unjustifield comments. All they wanted all along was to be able to live on their working farm in peace - not much to ask surely.?
Sue Blake
Monday, December 5, 2011 at 02:00 PMJane and Julian Davis are among many many people who have (and are) suffering 'noise' problems from neighbouring wind farms across the UK. People who find it hard to believe need to do some proper research into this before villifying them in such a cruel way, particularly when it is borne of ignorance to the facts, The reference to 'noise' is misleading - it is not noise in the sense of loud music or a a busy road - it is something much more significant as it is often to do with low frequency noise and a less well known phenomenon called amplitude modulation. Right across Europe peoples' lives are being blighted by these wind farms but the media has been slow to report the 'other side', perhaps from fear of being labelled 'anti-green'. If you'd like to become better informed then take a few minutes to watch this short film... http:www.europesillwind.orgfilmseuropes-ill-wind-2.html
clint
Friday, December 2, 2011 at 12:39 PMsilverleaf - when are you going to apologise to me for the incorrect comments you made? have you written to the insitute of acoustics yet? you were going to write to them and tell them that you know that windturbines are not noisy and they are all wasting their time by attending confrences on it. but you didn't did you? nope. you disappear and then only come back when you have something nasty to say - that is the definition of a troll and I have reported you.
clint
Friday, December 2, 2011 at 12:37 PMwell done jane and Julian - you stuck to your guns and weren't put off by these evil developers. the deveoper is liable otherwise they would have fought it all the way. they say they want to save the planet with wind turbines but then they make people suffer and deny it. i have read so many environmental studies from windfarm companies that make little consideration of environmental impacts. they are all at it. with rocs making 50% profits from the revenue so a 10 windturbine windfarm gets %50m from subsidy, £50m from the bills - who pays for it? then it only costs "10m to put one up so witha profit level of 90% they can afford to pay people off every now an then and still make loads of money. the sad thing is that so many people have been brainwashed by coroprations jumping on the green bandwagon. forget about the bankers - look at the renewable energy companies. sure it's sustainable - sustainable for the directors pensions.
Trixie_B
Thursday, December 1, 2011 at 05:20 PM@james1977 - No where in this article does it say anything about 2.5million. The Davis were claiming 380,000 for the loss of their home, and additional expenses from renting another property and living off site to their major source of income, the farm land. To rehouse thembuy a similar property, 135 acres of working farm with farm house would be 2.5 million, but not what the Davis family wanted. They wanted to go home and to be able to sleep at night. I have been to the farm, and while the wind farm noise doesn't seem to be a problem at first, it is there, but what affected me on my stays there was atmospheric noise. itching ears, racing heart from syncronising with the turbine beat, and being bumped awake in the night several times every night. Wind direction plays a big part, so unless you've stayed at the Davis farm, I don't think you can compare it to anywhere else. Finally, Jane, Julian and family. after 5 years of fighting for your home, congratulations. I hope that people see through the non confidentiality agreement to see that the wind farm owners acknowledged that they were causing a noise nuisense, and effectively bought your silence.
rogcal
Thursday, December 1, 2011 at 05:00 PMWell done Mr and Mrs Davis. Just take the money and run! Lots of people were committed to back you all the way because your case would had the potential to get the wind farm developers well and truly on the run. Now some other family or group will have to run the gauntlet through to the bitter end to prove the fact that wind farms cause health problems and loss of amenity and property values. Hope you enjoy your thirty pieces of silver!
silverleaf
Thursday, December 1, 2011 at 04:40 PMRe wind farm subsidies, it is funny all those that cite this as a reason to oppose wind power, yet are so very quiet about the massive subsidies given to the fossil fuel industries or the decommissioning costs - £90 Bn plus of our aging and soon to be shut nuclear plants ( paid for by the tax payer) I have visited many wind farms and never experienced any of the bizarre noises claimed by Jane Davis, my parents live close to a five turbine wind farm and have never heard it, hmmmmm. I had the pleaseure of meeting Mrs Davis once at a planning meeting, along with her ghetto blaster with the sound of a" wind farm", of course this was cranked up to maximum, not very scientific ! Re efficiency, thermal plants are amazingly inefficient and then of course there is the problem of emissions, lets not forget all fossil fuels are finite too. Rambo14, what a classy name ! I bet you dive a big gas guzzler too.
james1977
Thursday, December 1, 2011 at 03:44 PMI can't help thinking that this is all a bit of a ploy to get money. I live just as close to these turbines as the couple in the article and have only ever heard a slight noise, even when standing directly beneath them in a pretty decent wind. As for the original comments of Motorbikes revving up and helecopters outside the house, I'm sorry but I just don't buy it. Also, their property is worth 2.5 million? Really? I'm sure house prices and desirability in the surrounding area have all been affected by the constant need to publicise the 'so called' noise pollution to the nation. The fact that these turbines make some noise is true, however, noise from the A16 and HGV's using it is far greater. Even then it's not enough to keep people awake.
norfolkboy14
Thursday, December 1, 2011 at 01:48 PMIt's a start so let's try and stop others having to suffer. Are you disillusioned by rising electricity prices, over dependence on the "green" dream [especially uneconomical and inefficient wind farms] and the distruction of our countryside then please register your concern on http:epetitions.direct.gov.ukpetitions22958
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