The operators and owner of a wind farm in Co Wexford have admitted liability in a High Court action taken by a married couple who claim the facility has “destroyed” the use and enjoyment of their home.
Raymond Byrne and Lorna Moorhead’s case claims ABO Wind Ireland Ltd, ABO Wind OMS Ireland Ltd and Wexwind Ltd caused or permitted noise, vibration and shadow flicker to be emitted from Gibbet Hill Wind Farm, located close to Bunclody about 1km from the couple’s home.
This “nuisance” has caused the couple stress, anxiety and sleep disturbance, and “destroyed” the “use and enjoyment” of their property, they allege.
Mr Byrne and Ms Moorhead’s 2018 case seeks various orders, including an injunction requiring the defendants to discontinue the wind farm.
On Thursday, lawyers for the defendants told Mr Justice Oisín Quinn there was an admission of liability in response to the couple’s claims of nuisance. The admission came on the 11th day of a trial hearing in the case, which had been contested.
ABO Wind Ireland Ltd and ABO Wind OMS Ireland Ltd are the operators of the wind farm, which has been running since 2013, while Wexwind Ltd is the owner. All three companies have a registered address in Cornelscourt, Dublin 18.
The defendants had denied the allegations that they wrongly caused or permitted a nuisance.
Mr Byrne and Ms Moorhead claim the “chronicity and severity” of the alleged nuisance has “wrongfully interrupted, prevented, and destroyed” meant that their use and enjoyment of their home and lands have been impaired.
They also allege the “nuisance” has devalued their property, causing them to suffer loss and damage. They say they have suffered stress and anxiety as a result of a “permanently unpleasant environment” and suffered sleep disturbances because of noise allegedly emitted from the wind farm.
The case will return to court next week.
