BREAKING NEWS: Secret settlement in wind farm nuisance case
A COUPLE who claim they were driven out of their home by the wind farm at Deeping St Nicholas have reached a settlement with the landowner and farm operators.
Jane and Julian Davis’ five-year battle came to an end yesterday, ahead of High Court proceedings, which were due to recommence after a four-month break today.
The couple had been suing landowners RC Tinsley Ltd and Nicholas Watts, along with Fenland Windfarms Ltd and Fenland Green Power Co-operative Ltd, who own and operate the wind farm.
A joint statement from all parties read: “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.”
• See tomorrow’s Spalding Guardian for the full story.
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Friday 25 May 2012
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Comments
There are 19 comments to this article
Page 1 of 2
clint
Tuesday, December 6, 2011 at 01:04 PMhttp:www.spaldingtoday.co.uknewscrime-and-courtswind_farm_noise_nuisance_couple_speak_of_relief_1_3310468 the smile on their faces shows they are happy. happy to get on with their life now that the well overdue compensation has been paid.
clint
Tuesday, December 6, 2011 at 01:02 PMthe couple are happy with the out of court settlement - the developer has paid them a substantial amount otherwise the case would still be running. of course justice should have been done but the windfarm company, with the advice of its lawyers, renewable uk and probably marcus trinnick, didn't want a precednt set so we have to haev a secret deal. it is such a shame, I agree, as all the rest of us will have to fight each casde individually. I have enormous respect for Jasne and Julian and congratulate them on getting their life sorted - despite the greediness of so called green agenda.
nimby
Monday, December 5, 2011 at 10:56 PMCLINT , HOW DO YOU KNOW THAT THE DEVELOPER PAID THE CLAIMANT ? It could be that the Davis's were about to lose their case and be bankrupted by the costs awarded against them. This court case would be costing upwards of 15 grand a day and any commercial organisation would rather cut costs and settle out of court. There is no evidence from this ruling that the developer has admitted any liability. How do you infer that ? The outcome is deeply unsatisfactory for we bystanders.
rogcal
Sunday, December 4, 2011 at 11:16 PMWell, well, well, it looks as though my earlier comments have touched a nerve with someone or why else would those comments be removed. But the fact still remains that by accept a "pay off", sorry, out of court settlement, all those who supported this couples fight will feel very let down that the case did not reach a natural conclusion where the judge hands down the decision. English justice is a wonderful thing when it's allowed to proceed unfettered by Government and well financed organisations but all to often the lure of money often curtails that justice. It will now be for others to see the fight through to the bitter end in a court of law and when that happens the resulting case law created by such will hopefully set a benchmark for distances between wind farms and dwellings which would be more acceptable than the current situation where a raft of "woolly" planning guidance creates nightmares for many and helps swell the coffers of others!
clint
Saturday, December 3, 2011 at 11:46 PMthis proves irrefutably that money has been paid by the developer to the complainant to compensate for the harm and to allow them to live somewhere peaceful and not be annoyed by the turbines - the reason for the complaint. not only did the local authority fail in it's duty of care to a right to a quiet life - and they admitted fault by reducing the council tax on the property - the developer has settled out of court thus admitting guilt - although in this perverse world some think that it is not an admission. let me see. someone alleges harm. the alleged harmer denies harm. the alleged victim goes to court to claim compensation. the alleged harmer pays the alleged victim not to continue the case. the alleged victim is happy with the payout. it does not matter what the amount was is - the fact is that money has been paid. windfarm companies can do this because they make such vast profits - about 905 gross profit the last time i looked.
nimby
Saturday, December 3, 2011 at 01:32 PMSadly Clint, this proves absolutely nothing. Unless we know the size of the settlement it's impossible to establish who can to be the most vindicated. Unfortunately there has been no ruling from the Judge and all the previous arguements still exist, unresolved either way. The Davis's cannot claim victory as the alleged noise nuisance has not been proved. Neither can they return to their home as the percieved noise nuisance surely still exists ? A dissapointing result for all interested onlookers who were hoping for a ruling to further their own agenda.... on both sides of the argument. More a cop-out by those lacking the courage of their convictions...on both sides.
clint
Friday, December 2, 2011 at 12:47 PMthis case proves that windfarm developers pay off p[eople to shut them up. especailly when it comes to noise. usually they do it first but most uk companies take advantage of the lax noise guidlines - written by none other than Marcus Trinninck (windfarm lawyer)and a bunch of windfarm comapanies and someone from the government. nice to make your own rules and then get loads of cash from it. Marcus is now a very rich man indeed.
clint
Friday, December 2, 2011 at 12:45 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.
woody
Thursday, December 1, 2011 at 02:58 PMEvery heard of low frequency harmonics ???? No, I doubt it, but living close to something that produces then can be torture, especailly at night as the background noise goes down. I've lived with similar noice produced from another source elswhere and I can tell you it's hell on earth trying to get some sleep. So to conclude it's harmonics, not noise.
tester
Thursday, December 1, 2011 at 02:50 PMMost days I've driven past these aren't even spinning! Rubbish!
englishspalding
Thursday, December 1, 2011 at 02:01 PMoh come on, sleepless nights! what about other people near the turbines in Deeping St Nicholas, why haven't they complained about their disturbed lives, sleepless nights, and torment? This is all just a load of gobble-de-gook at the taxpayers expense.
woody
Wednesday, November 30, 2011 at 05:47 PMWind, wave and solar power will never be able to support an advanced economy and meet demands, it's actually impossible. So, if we don't want coal and gas then until fusion power comes along we will have to build more fission nuclear stations. South Holland will disapear under the sea regardless of man in 220 years plus regardless of human input, for purely natural reasons.
woody
Wednesday, November 30, 2011 at 05:42 PMI'd say the problems with wind turbine noise is well established, it's just that individual causes of noise nuisance need to be proved. There is a lot of evidence out there about how these turbines create a nuisance to those living nearby. Proving an actually nuisance which is actionable is more difficult to prove. I've lived with noise nuisance in the past and very often places of work breach good standards and disturbed residential areas, but proving an ongoing noise nuisance is quite difficult under law. The cave-in buy the other side is a rather obvious ploy lest it set a precedence.
nimby
Wednesday, November 30, 2011 at 03:26 PMWell done for what ? The Davis's case is clearly not proved and this outcome does not answer any questions on the subject of windfarm noise. The cash settlement will, presumably, not get them back in their farm house and whatever irritation was evident is still there. This demonstrates that the financial risk to the parties was becoming too great. We don't know who offered what so can;t establish which party was more concerned. Sadly this "test case" proves nothing.
norfolkboy14
Wednesday, November 30, 2011 at 02:33 PMWell done, now let's try and stop others having to suffer. 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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