Wind farm noise nuisance couple speak of relief
Bubbly again: Julian and Jane Davis with a smile back on their face after their High Court action was settled.
“MAKING plans” is what Jane and Julian Davis are most looking forward to after their five-year wind turbine legal battle came to an end last week.
The couple reached a secret settlement in their High Court case, which they launched after claiming the wind farm at Deeping St Nicholas drove them out of their nearby home.
The couple describe themselves as “happy and relieved” to have a conclusion to the battle, which had engulfed half of their married life.
Jane (55) explained: “We have been married for ten years, and we’ve spent five-and-a-half on this, one year fighting breast cancer, my mum was terminally ill for a year before she died and Julian’s dad was also ill.
“We’ve not been able to make any plans for anything. We have been very low and depressed about things.
“We used to go away and visit arts and craft shops and buy something for our home but we have not been able to do that because we didn’t feel able to.”
The couple were 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 eight-turbine windfarm.
The legal bid was thought to be the first private noise nuisance case of its kind and was being heralded as an important test case.
Witnesses had given statements to the High Court over three weeks in July, but it was adjourned for almost four months.
However, last Tuesday – the day before proceedings were due to recommence – the legal teams for the two parties agreed to a settlement. The details of it are being kept strictly confidential.
The couple are now tentatively preparing for their future, with Jane hoping to return to her job as a nurse in the New Year in an NHS community role, while Julian intends to once again immerse himself into farm life.
They are also planning their first traditional Christmas since 2005 – with simple pleasures such as writing Christmas cards having previously passed them by due to worries about their legal fight.
The Davis family intend to “sit tight” in their rented home in Mayfair Drive, Spalding, for the time being. A decision is still to be made on whether their farmhouse in North Drove Bank, Spalding, could be exempt from council tax in the future.
“This has been worse than fighting cancer,” said Jane. “With cancer, all of the professionals are on your side and in the first year of this, in 2006/07, we felt we were up against a brick wall. In 2007 a noise report came out and it said the problems we were having did exist.
“It’s been very hard and has done a huge amount of damage to us in the last five years. On the plus side, we have met new people, been to come amazing places and met some pretty amazing contacts both here and abroad.”
While the case has not produced a formal decision on whether there is a noise nuisance in Deeping St Nicholas, Jane and Julian believe their plight has made a difference on an international scale.
Julian (46) explained: “The goal always was to reach our own solution but on the way through it has helped a lot.”
Jane added: “There is greater recognition that wind turbines can cause noise. Even if there had been a decision in court, it would have been a very specific, case-related decision. Renewables UK has invested and is continuing to invest in a significant research project.”
Jane says Defra has since introduced policy relating to wind turbines.
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Weather for Spalding
Friday 25 May 2012
Today
Sunny
Temperature: 12 C to 21 C
Wind Speed: 24 mph
Wind direction: East
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Sunny
Temperature: 12 C to 20 C
Wind Speed: 23 mph
Wind direction: East
Comments
There are 16 comments to this article
Page 1 of 2
just my opinion!
Saturday, December 10, 2011 at 04:57 PMyeah, lets build some more power stations & put up some more pylons because their not monstrosities are they!!!
clint
Friday, December 9, 2011 at 01:24 PMcan't believe how many trolls on here thinking they know better. poor family. thank god they have some respite despite the idiots on here.
clint
Friday, December 9, 2011 at 01:24 PMjoggaju - you are obviously friends of the Davies' with your constant defending of them. jonty - well said. I concur with your last sentence. How come there have been no other residents of DSN complaining about the noise? This huge noise from1km away! I live near a busy road, less than 1km from the A16 yet dont hear the noise of the heavy lorries, and surely that is louder and more persistant that these wind turbines that are not turning all day every day. And at night? oh come on. It was only ever about the money. spaldonian is a selfish ignorant - idiot!!!!!!
noturbine
Thursday, December 8, 2011 at 06:51 PMINDUSTRIAL WIND TURBINES DO NOT PROVIDE RENEWABLE ENERGY! Not one coal or gas plant the world over has been decommissioned because of IWTs...and eliminating our dependence on fossil fuels is their raison dâetre. To quote an expert: âBecause wind blows intermittently, electric utilities must either keep their conventional power plants running all the time to make sure the lights donât go dark, or continually ramp up and down the output from conventional coal-or gas-fired generators (called âcyclingâ). But coal-fired and gas-fired generators are designed to run continuously, and if they donât, fuel consumption and emissions generally increase.â This is happening worldwide. In Colorado and Texas â Ireland and Denmark - CO2 and power plant pollution have increased since they installed wind farms: http:www.denverpost.comheadlinesci_15081808 http:www.clepair.netIerlandUdo.html http:www.thespec.comnewsontarioarticle610422--cost-of-green-energy-40-higher-than-government-estimates http:articles.baltimoresun.com2011-07-25newsbs-ed-wind-farms-20110725_1_wind-turbine-wind-farm-wind-power IWTâs are a gift to the coal and gas industries. In fact, you cannot be against fracking and for wind energy because methane is the cogeneration fuel of choice. More wind turbines will require a lot more methane production. Hereâs a great articles on how inefficient they are at providing power: http:www.energytribune.comarticles.cfm6310Britains-Wind-Farms-are-No-Spin-Zones-When-Cold-Hits The wind industry is built on crony capitalism, it is the only way it can exist. Taxpayer money builds them and power companies are mandated to buy wind generated power at several times the rate of conventionally produced power. There is no true benefit, except to wind power companies, politicians and lobbyists
woody
Wednesday, December 7, 2011 at 05:41 PMProblems with harmoincs are due to very local conditions and in many cases problems aren't apparent until the turbines are in situ and running. I've experienced noise from another source in the distant past, again down to local conditions and harmonics. I received a massive rating decrease on my home and for those around me at a rating tribunal. Never underestimate the local conditions.
yellowbelly
Wednesday, December 7, 2011 at 03:59 PMAs I've said in a previous correspondence, I live less than 500 metres away from a bank of 8 turbines. Hand on heart, they have only once given me cause for concern when one was running out of synch. The noise was uncomfortable to me as I suffer from tinnitus, but otherwise it wasn't a problem. Ours run all day and most nights without causing a disturbance. Bearing in mind I live in an area with zero traffic transport noise, the only sounds being the local bird life or our neighbours' dogs and the said turbines. I think I would be aware if it were a problem. I honestly think these people have decided they don't like having the turbines so close and are looking to a making some kind of monetary gain for the inconvenience of having them within earshot. As a rider to my comment, I don't think wind turbines do actually have much benefit in regard to producing electricity green power, but we do have to give the idea a chance to prove or disprove itself.
joggaju
Wednesday, December 7, 2011 at 03:25 PMInteresting assumption spaldonian ???? Also interesting point is that there are seven contributors to this thread but only two with negative comments. I believe that makes a point.
norfolkboy14
Wednesday, December 7, 2011 at 11:09 AMWell done Jane and Julian but now we must prevent others from suffering. We need to get the Government onside, as well as local councils and others, if we are going to stop these monstrosities being built. Are you disillusioned by rising electricity prices, over dependence on the "green" dream [especially uneconomical and inefficient wind farms] and the destruction of our countryside then please register your objection on http:epetitions.direct.gov.ukpetitions22958
Mrs_R
Wednesday, December 7, 2011 at 03:50 AMI am a friend of the Davis family and stayed at the farm both before and after the wind turbines. I can absolutely say that the wind farm bumped me awake in the middle of the night, several times a night while I was staying there. Sleep deprivation is a form of torture. Oh, it might be important to note that I lived less than 4 miles from Heathrow, less than a mile away from a major train line, and within the M4M25M40 triangle and slept with no problem at all with that noise, but the low frequency noise from the turbines made my ears itch, startled me awake and made my heart race to synchronise to the blades even when I couldn't see them. As for settling out of court, maybe it was a disappointment for the anti-windfarm campaigners, not to get a definitive answer, but the Davis family have been displaced for so long, and a settlement allows them to get on with the rest of their lives. The windfarm operators have clamped down the settlement with a non-disclosure. Anyone with half a brain can see that they didn't want the ruling to go against them (which frankly was inevitable IMO). Well done Jane & Julian . Merry Christmas and a wonderful new year....
Bris
Wednesday, December 7, 2011 at 12:39 AMThe snide comments here betray an ignorance of turbine noise nuisance, the Davis' case and how the law works. The Davis family had no choice - if you turn down a reasonable settlement offer in the High Court you risk bankruptcy at the very least if the case is found against you. Warm congratulations to Jane and Julian for their steadfast courage in facing up to the bullies of the wind industry for so long. The fact that they felt obliged to seek a settlement before the scientific evidence was heard by the court says it all.
spaldonian
Tuesday, December 6, 2011 at 10:01 PMjoggaju - you are obviously friends of the Davies' with your constant defending of them. jonty - well said. I concur with your last sentence. How come there have been no other residents of DSN complaining about the noise? This huge noise from1km away! I live near a busy road, less than 1km from the A16 yet dont hear the noise of the heavy lorries, and surely that is louder and more persistant that these wind turbines that are not turning all day every day. And at night? oh come on. It was only ever about the money.
jonty
Tuesday, December 6, 2011 at 02:34 PMShame they decided to line their pockets rather than see it through to the end. Test case my eye, this was only ever about money.
joggaju
Tuesday, December 6, 2011 at 01:53 PMBah humbug spaldonian - shame on you. Five years of battle - I suspect that Jane & Julian would have lost the will to live let alone have the enthusiasm to thinnk about Christmas. I for one hope they have a wonderful one this year and that the grumps of Spalding area keep their sad comments to themselves from now on. Again well done Jane and Julian.
clint
Tuesday, December 6, 2011 at 01:05 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.
spaldonian
Tuesday, December 6, 2011 at 12:57 PMnot writing Chrisrmas cards due to the worry of the legal fight - now come on! talk about milking it.
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