Seven families which included children in a north Cork village in Ireland launched legal actions back in 2013 against the wind turbine operators for a project adjacent to their homes. The wind plant began operations in 2011 which they claimed caused them adverse health effects mainly due to noise pollution coming from the turbines. The impacts to health were severe enough that several families were forced to abandon their homes seeking relief. In January 2017 Enercon Wind Farm Services Ireland Ltd. admitted to liability leading to the court order to settle the actions for damages.
THE HIGH COURT 2011 No. 9955P Tuesday the 6th day of December 2016
And the Court records that liability has been admitted by the Defendants in the action herein and each action listed in the schedule here-after……
(Bolded for emphasis)
An announcement has been published that settlements have now been reached in the actions before the High Court.
Cork village families settle action against wind turbine operators
By Ann O’Loughlin
14/06/2017 – 12:28:35
A group of families in a north Cork village who sued a wind farm operator claiming the huge turbines adversely affected their health have settled their High Court actions.
The High Court was this morning told the cases involving seven families from the Banteer area had been settled and the cases could be struck out.
The actions were regarded as landmark cases and the High Court had been due to assess damages after liability was admitted in the case several months ago.
The cases against Enercon Windfarm Services Ireland Ltd and Carrigcannon Wind Farm Ltd were taken by the Shivnen family and others including couples, families, and one single occupant.
The seven families from Banteer area claimed they have been severely impacted, particularly through noise pollution, since the turbines began operating in Nov 2011.
In court today, Roland Budd Bl told Mr Justice Tony O’Connor the implementation of the settlement agreements had taken place and the seven actions could be struck out.
No details of the settlement were given in court. The case will be briefly mentioned next month in relation to certain costs. The Banteer action was the first of its kind in the country.
Ireland’s wind industry has been put on notice. Damages and costs will be decided for the families adversely harmed by the noise emitted from wind turbines. The implications for the industry will no doubt reverberate worldwide. (Read prior court ruling by following link below)
PRESS RELEASE 3rd January 2017 – Wind Aware Ireland
High Court order for families forced from homes due to noisy wind turbines.
The High Court has issued its order regarding the seven families from Cork who were impacted by noise pollution from a nearby wind farm. A number of the families had to abandon their homes because of the severity of the noise and some lived up to a full 1km from the wind farm.
The defendant, Enercon Wind Farm Services Ireland Ltd., has admitted liability and the case is listed for ten days in the High Court commencing 25th April 2017 to deal with damages and costs. The outcome of the April court case could be a watershed for existing and planned wind farms as well as for investor confidence in, and government plans for the future of on-shore wind in Ireland. Many families, similarly affected by noisy wind turbines are anxiously awaiting the outcome and it is expected that more cases will now follow.
There has been a failure of successive governments to regulate the wind industry. Minister Denis Naughten is the latest minister to delay the introduction of regulation. This despite his promise to regulate the distance turbines can be placed from homes within 3 to 6 months of his taking office. Instead, yet another lengthy period of consultation is planned, despite previous consultations on the matter attracting over 7,000 submissions. A spokesperson from Wind Aware Ireland has stated “This further delay has indicated how far this government are prepared to allow the continuation of a free-for-all in the construction of wind farms, to the detriment of rural communities who are bitterly opposing their construction.” Ireland’s embarked on an all-wind strategy in 2007 under Minister Eamon Ryan in conjunction with Brendan Halligan (chairman of SEAI), who was also a director and shareholder in Mainstream Renewables, one of Ireland’s biggest wind farm developers. No cost benefit analysis (CBA) or strategic environmental assessment (SEA) was ever carried out on the plan. Both of these legally required analyses were sidestepped. To date, these analyses have not been carried out and Ireland proceeds with this expensive experiment. Ireland’s 1400 wind turbines have reduced our CO2 emissions by a paltry 3-4%.
The parents of autistic children have particular fears about the effects turbines and high voltage pylons may have on their quality of life.
Whenever Jenny Spittle’s children visit their grandad in England, 12-year-old Billie comes home tired, complaining of headaches, earache, dizziness and hearing buzzing noises. Billie has autism and her mother is convinced her symptoms are brought on by the towering pylons and wind turbines located near her grandfather’s house. Now Jenny lies awake at night worrying about plans to build a wind farm close to her home in Co Westmeath.
“I see what she’s like after a week with her grandfather and wonder how she’ll cope if we have these things on our doorstep,” she says.
Like many autistic children, Billie is hyper-sensitive to sound and light. She hears sounds at frequencies that are inaudible to most people, and Jenny is afraid she will find the sound of wind turbines close to home intolerable.
“It’s not easy raising an autistic child, yet while I’m busy trying to organise psychotherapy, speech and language, occupational therapy and all the other kinds of supports she needs to help her cope with everyday life, I also have to make time to protest against pylons and wind turbines,” she says. “I can’t afford to wait until they’ve been built to voice my objections. I have to protect my child.”
Thirteen years ago, university lecturer Neil van Dokkum and his wife Fiona moved from South Africa to an idyllic part of Waterford with their two sons. Their youngest, Ian, had been diagnosed with autism and part of the reason for choosing to make their home in such a remote location was to give Ian the peaceful environment they felt he needed in which to thrive. Then, six months ago, Neil heard about the proposed construction of pylons in the area from a neighbour. The news set off alarm bells for him and his family.
“Ian is incredibly sensitive to electric noise and certain types of light,” he says. “He will start crying and become very agitated. It is a source of emotional trauma for him. My wife and I discovered the extent of this sensitivity when we installed energy-saving light bulbs in our kitchen. When Ian walked in, he put his fingers into his ears, screwed his face up tight and said: ‘Blue light off, please Daddy. Blue light off!’ I was sitting directly under the light and had not noticed anything. Ian was standing at the door, about four metres away, and he couldn’t bear it. Can you imagine how he will be affected by pylons carrying 400kV power lines? Like many other parents of autistic kids and indeed children with other intellectual disabilities, we deliberately moved to the country so as to be away from the city with its high levels of ambient noise, including electrical noise, and disturbance. At night, it can be so quiet here that I can hear the cows crunching grass in the field opposite. Can you imagine how that silence will be shattered by clanking pylons? More specifically, how my son’s silence will be shattered by the electrical noise coming from those cables? How will he be able to sleep with that noise? And how will the rest of my family sleep as Ian becomes highly agitated when awakened by this distressing noise?
“The other concern I have is flight risk. Ian, like many autistic children, has no sense of danger and will run away and on to the road at any opportunity. He is not running away from anything, but sometimes seems to feel the need to rush into an open space. Again, the countryside, with its minimal traffic and quieter roads, is far safer than a city with all those vehicles. Even so, my property is fenced and gated, not to keep people out, but rather to keep my son in and safe.
My deepest fear now is that the electrical noise coming off cables and pylons will disturb him so much that he will attempt to run from it. And if he can’t get out, he will bang his head against the wall out of sheer frustration. The potential consequences are too painful to even contemplate, and if the proposed construction of pylons across the countryside goes ahead, selling our house would be impossible, so we are effectively trapped.
“If the Government were to abandon its slavish adulation of the wind industry and pursue the biomass option, converting Moneypoint power station to biomass boilers, it could save over three billion euro. Imagine how many state-of-the-art facilities for people with intellectual disabilities could be built with that sort of money.”
A Department of Health spokesperson says: “According to international literature, no direct health effects have been demonstrated in persons living in close proximity to wind turbines. However, it is agreed that there is a need for additional, well-designed studies in this area. The Department of Health advises that anyone who believes they are experiencing any health problems should consult their GP promptly.”
In its draft development plan, Westmeath County Council required any new wind farm development to implement a setback distance of 10 times the height of the turbine from residential dwellings, but the Department of the Environment intervened. Under Objective PWin6 of the plan, a turbine measuring 180m, for instance, would be sited at least 1.8km away from any house, while according to the Department’s wind energy guidelines, a distance of 500m is deemed sufficient. Minister of State for Planning Jan O’Sullivan wrote to the council instructing it to re-examine the setback distance.
“We received over 5,600 submissions from constituents who supported PWin6, which would have kept the setback distance in place,” says Westmeath County Council chairman Peter Burke. “We informed the Minister of State that we felt the Department’s guidelines were not adequate and she appointed an inspector to carry out an independent review.”
Last month, that inspector’s report recommended against the inclusion of the PWin6 objective on the grounds that it “would be contrary to section 28 of the Planning and Development Act 2000.”
At the time of writing, the Department’s final decision on the matter is pending.
Safety first: Are turbines and pylons dangerous?
Now that Ireland’s plan to export wind energy to Britain has been scrapped, the public has been left a little breathing space to focus on a simple question: Are wind farms and their related pylons and overhead power lines safe or not?
The Department of Health’s Deputy Chief Medical Officer, Dr Colette Bonner, has said that older people, people who suffer from migraine, and others with a sensitivity to low-frequency vibration, are some of those who can be at risk of ‘wind turbine syndrome’.
“These people must be treated appropriately and sensitively as these symptoms can be very debilitating,” she commented in a report to the Department of the Environment last year. We asked Dr Bonner for clarification.
“Presently the World Health Organisation does not classify Wind Turbine Syndrome as a disease under the WHO international classification of diseases,” she said. “Current research in the area suggests that there are no direct health effects of wind turbines. However, there are methodological limitations of many of the studies in this area and more high quality research is recommended.”
Side by side with the controversy over wind farms comes concern over the high voltage pylons which distribute the electricity generated by the wind turbines to the national grid. Chief Medical Officer in the Deptartment of Health, Dr Tony Holohan, has stated that he does not think there is a health risk associated with people living in vicinity of pylons.
But not everybody agrees; according to British physicist Denis Henshaw, people have every reason to be concerned. Emeritus professor of human radiation effects at Bristol University and scientific director of the charity Children with Cancer UK, he recently told a public health meeting in Trim, Co Meath, that high voltage power cables are linked “beyond reasonable doubt” to childhood leukaemia and other diseases.
“It has been shown again and again that there is a definite risk of childhood leukaemia and other diseases near these lines,” he says. “The link is so strong that when a childhood leukaemia occurs near these lines there is a greater than 50pc chance that the leukaemia is due to the line. This raises the prospect of legal action for corporate manslaughter against those involved in putting the line there. The Irish government and EirGrid need to take care of their citizens and acknowledge the known health risks in people near these lines.”
A spokesman for EirGrid says: “We’re not doctors, but having taken advice from experts at the World Health Organisation, along with the chief science adviser and the chief medical officer, it is clear to us that there is no evidence to link overhead lines with adverse health effects.”
The Government report ‘Health Effects of Electromagnetic Fields’ 2007 says: “Given that there is still uncertainty about whether long-term exposure to extremely low frequency magnetic fields could cause childhood leukaemia, use of precautionary measures to lower people’s exposure would therefore appear to be warranted.
“As a precautionary measure, future power lines and power installations should be sited away from heavily populated areas to keep exposures to people low.”