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  • Shivnen Et Al V Enercon 2011 No.9955P December 6, 2016 High Court Decision

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    windy3nimby
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    High Court order for families forced from homes due to noisy wind turbines. Press Release January 4, 2016- Wind Aware Ireland 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%. Wind Aware Ireland: http://www.windawareireland.com/

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    Shivnen Et Al v Enercon 2011 No.9955P December 6, 2016 High Court Decision

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    High Court order for families forced from homes due to noisy wind turbines. Press Release January 4, 2016- Wind Aware Ireland 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%. Wind Aware Ireland: http://www.windawareireland.com/

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    Shivnen Et Al V Enercon 2011 No.9955P December 6, 2016 High Court Decision

    Diunggah oleh

    windy3nimby
    High Court order for families forced from homes due to noisy wind turbines. Press Release January 4, 2016- Wind Aware Ireland 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%. Wind Aware Ireland: http://www.windawareireland.com/

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    THE HIGH COURT

    2011 No. 9955P


    Tuesday the 6th day of December 2016
    BEFORE MR JUSTICE GILLIGAN
    BETWEEN:
    FERGUS SHIVNEN, NADIA SHIVNEN, CHARLIE SHIVNEN (A MINOR
    SUING BY HIS FATHER AND NEXT FRIEND, FERGUS SHIVNEN) AND
    OLIVER SHIVNEN (A MINOR SUING BY HIS FATHER AND NEXT
    FRIEND, FERGUS SHIVNEN)

    PLAINTIFFS

    AND
    ENERCON WIND FARM SERVICES IRELAND LIMITED
    CARRAIGCANNON WIND FARM LIMITED
    DEFENDANTS

    The Action herein coming into the list for hearing of the first module
    dealing with liability / nuisance together with the actions set out in the schedule
    hereafter on this day in the presence of Counsel for the Plaintiffs and Counsel for
    the Defendants
    And on hearing said Counsel and Counsel for the Defendants
    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
    IT IS ORDERED
    1. by agreement that the name of the first defendant in the action herein and
    each action listed in the schedule here-after be amended to read - Enercon
    Wind Farm Services Ireland Limited- a copy of this order to be entered up
    with the proper office in Central Office
    2. by agreement that the trial of the said action herein and each action listed in
    the schedule here-after as to the second module to deal with damages be

    listed for hearing on Tuesday 25th April 2017 at 10.30 oclock in the
    Chancery List for 10 days and for mention on the 2nd March 2017 in same
    list
    3. by agreement that the Plaintiffs in the action and each action listed in the
    schedule here-after do recover from the Defendants the costs of the said
    Action to include all reserved costs when taxed and ascertained
    4. that there be liberty to apply .

    P.Healy
    Registrar
    Perfected 29/12/2016

    Noonan Linehan Carroll Coffey


    Solicitors for the Plaintiffs
    Eversheds
    Solicitors for the Defendants

    Schedule before referred to

    a. Padraig Whelan and Fionnuala Walsh -v- Enercon Wind Farm


    Services Ireland Limited and Carraigcannon Wind Farm Limited
    (Record No. 2011 / 9852P);

    b. Pat Sexton and Noreen Sexton -v- Enercon Wind Farm Services
    Ireland Limited and Carraigcannon Wind Farm Limited (Record No.
    2011 / 9853P);

    c. Veronica Sheehan -v- Enercon Wind Farm Services Ireland Limited


    and Carraigcannon Wind Farm Limited (Record No. 2011 / 9854P);

    d. John Duggan -v- Enercon Wind Farm Services Ireland Limited and
    Carraigcannon Wind Farm Limited (Record No. 2011 / 9954P);

    e. Pauline McSweeney, William McSweeney, and others -v- Enercon


    Wind Farm Services Ireland Limited and Carraigcannon Wind Farm
    Limited (Record No. 2011 / 9956P);
    f. James OConnor and Breda OConnor -v- Enercon Wind Farm
    Services Ireland Limited and Carraigcannon Wind Farm Limited
    (Record No. 2011 / 10137P).

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