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Tim Smith

Legal Matters

Legal matters from the EU in the past 3 months:



The first court decision, handed down by the Court of Appeal in Nimes, France, has ordered the dismantling of a seven-turbine wind farm in Hérault which was built by Énergie Renouvelable du Languedoc (ERL), a subsidiary of German group New.


In a monumental decision, the French Council of State have decreed that the noise protocols are unlawful. The consequence of which is that all planned projects will be required to satisfy a new and more stringent noise standard, and that existing operations will be forced to shut down until they can demonstrate that they are capable of satisfying a new and stricter noise standard; one which allows neighbours to sleep comfortably in their own home at night.


French Rennes Court of Appeal awards damages to families whose house values have been affected by nearby wind farms in the order of 15 to 40 %.


Eire. A High Court judge has found that wind farm noise levels at certain times of the day constitute a nuisance to nearby resident. In a decision that is understood to have implications for the operation of wind turbines, Ms Justice Emily Egan held that noise levels from the two-turbine Ballyduff Windfarm at Kilcomb, near Enniscorthy, Co Wexford, amounted to an “unreasonable interference” with the enjoyment of two couples’ properties.


When will we see some justice in Wales?

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