October 29, 2013
An anti-wind farm resident of Collector says he will sue his neighbours should they become turbine hosts as part of a proposed wind farm in the small community north of Canberra.
A proposal for a 63-turbine wind farm at Collector was referred to the Planning Assessment Commission by the NSW Department of Planning late last month, with the recommendation the plan be approved. The commission will hold a meeting in Collector on Tuesday to hear from the public.
But last week, lawyers acting for Friends of Collector president Tony Hodgson sent a letter to landholders who would probably host a turbine. It said there was precedent for legal action as it was “anticipated that the operation of the wind farm will have substantial and actionable adverse affects [sic] upon our Client”.
“By leasing your land to accommodate wind turbines, you authorize the nuisance that is likely to result from the noise emitted by the operation of those turbines and you can be held liable in respect of the entirety of the damage sustained by those affected by the nuisance, including any personal injury that materializes,” the letter said.