12 July 2011
A couple seeking £2.5m compensation for wind farm noise have been accused of making “exaggerated” claims.
Jane and Julian Davis from Deeping St Nicholas, Lincolnshire, have said the constant hum from the eight turbines forced them to move house.
London’s High Court heard the defence argue the owners and operators had done everything possible to deal with the couple’s concerns.
It was also suggested their sensitivity was “never reasonably foreseeable”.
The couple earlier told the court they were forced out of their home in 2007 after failing to find a way of blocking out the noise.
Defence QC William Norris, suggested the couple’s accounts of unsettling noise from the turbines had been “exaggerated, inconsistent and unreasonable”.
He added: “Whether their reaction has been that of reasonable wind farm neighbours is an issue in the case – given that the wind farm is compliant with the noise conditions imposed by its planning permission, and given the scientific evidence.”
He also told the court it was “never reasonably foreseeable” that the couple would be “adversely affected” by the sound of the turbines.
He insisted his clients had done everything possible to “seek to address their concerns about the adverse impact”.
Mr and Mrs Davis are suing local landowners – RC Tinsley Ltd and Nicholas Watts – on whose land some of the turbines are sited, as well as Fenland Windfarms Ltd and Fenland Green Power Cooperative Ltd, who own and operate them.
They are seeking a permanent injunction to halt the noise, or damages of up to £2.5m for the disruption of their lives.
The case is being viewed as a test on the law relating to noise nuisance from wind turbines.
The hearing continues.