A FAMILY from Deeping St Nicholas who are heading to the High Court over wind turbine noise are facing a second battle in the courts.
Julian and Jane Davis were summoned to appear before Spalding Magistrates Court on Tuesday for failing to pay council tax to South Holland District Council.
However, the couple have asked for their case to be adjourned until after their High Court hearing, which is due to take place from July 4-15.
They say the question of whether council tax is due to be paid at Grays Farm, on North Drove Bank, will become clearer after the High Court case has been decided.
The family moved out of the home, which is still a working farm, in May 2007 because they say the noise from a nearby wind farm left them unable to sleep.
They claim noise nuisance known as Amplitude Modulation (AM) and the existence of a low frequency hum emanates from the eight 59-metre turbines which are 1,050 metres from their home.
A letter handed over to magistrates read: “Much of the evidence we need to support our case, which is that we now believe that no council tax is payable for the property, nor should it have been payable since the summer of 2006, is sub judice, and therefore we are not at this point able to defend ourselves and our position in front of you.”
The letter explained how council tax had been paid on the property subject to various discounts and concessions until December 2010.
It also told how a recent Freedom of Information (FOI) request to South Holland District Council had uncovered more information relating to noise nuisance and planning conditions than the Davis family had previously been aware of.
This information has since been passed on to the Local Government Ombudsman, who has decided not to proceed until the outcome of the High Court case.
The case concerning council tax will now be heard on July 19.