A man who claims he had to leave his four-bedroom home in Co Wexford after wind turbine noise led to his mental health and relationship breaking down has asked the High Court to award him about €1 million damages to buy or build a similar home.
Keith Rollo has spent €42,900 on rental accommodation since leaving his former home at Ballyduff, jointly owned with his ex-partner Margaret Webster, about four years ago, Ms Justice Emily Egan heard.
The judge on Wednesday began a hearing to assess damages for Mr Rollo and Ms Webster following her judgment that wind turbine noise (WTN) generated at certain times of the day from the two-turbine Ballyduff wind farm at Kilcomb, near Enniscorthy, constituted a nuisance to them. The nearest turbine is 369m from their Hill House property.
The judge found WTN also constituted a nuisance to Ross Shorten and Joan Carty, of Grange Road, Rathfarnham, Dublin 14, who had owned a property at Ballyduff, about 359m from the wind farm but sold it in 2021, three years after commencing their proceedings.
All four plaintiffs sued the wind farm operator Meenacloghspar (Wind) Limited, of Stillorgan Road, Donnybrook, Dublin 4, seeking orders restraining or restricting its operations and damages for nuisance.
Represented by John Rogers SC, instructed by solicitors Noonan Linehan Carroll Coffey, they claimed that, due to noise, vibration and shadow flicker, their sleep was disrupted, their overall mental health suffered and their properties were devalued. The claims were denied.
The cases ran for 51 days with estimated costs at about €3 million and were the first private nuisance claims from wind turbine noise to run here.
In her landmark decision last March, the judge held the noise levels amounted to “unreasonable interference”. Last month, she said she would grant an injunction placing restrictions on the operation of the turbine and adjourned a hearing to assess damages for nuisance impact.
In evidence on Wednesday, Mr Rollo said he was aged 41 when he and Ms Webster bought Hill House, he is now aged 51 living in rented accommodation. Ms Webster, aged 49, remains in Hill House with an outstanding mortgage of €140,000.
Mr Rollo, whom the judge found suffered a depressive disorder due to the noise impact, said he had lost his home and relationship and chance to have a family. Hill House was “a special place” and he wanted his new home to be like it.
He disagreed with David Whelan SC, for the wind farm, that the damages sought would mean he and Ms Webster would get two properties, saying each would have “a home”. He was open to Ms Webster buying out his share of Hill House.
He agreed, despite the injunction to abate WTN, his separation meant he could not move back into Hill House. The noise caused that, he said.
The judge was told valuation experts for the sides agreed Hill House had an open market valuation about €400,000 but disagreed about the valuation impact of the wind farm.
A loss-adjustment expert for the plaintiffs said, based on current building and other costs, he believed in excess of €1 million would be required to reinstate Mr Rollo in a property similar to Hill House.
Ross Shorten told the judge he and Ms Carthy had in 2021 sold their property near Ballyduff, for €295,000, plus €10,000 for the contents.
They acquired it about 2003 with a view to relocating from Dublin, and it was never their full-time residence. They spent about €500,000 purchasing and carrying out works to it and their loss of value claim was for €195,000.
He agreed with Mr Whelan they had not provided a valuation for the property in 2003 and previously put the property on the market in 2016 for €260,000. He considered a €318,000 valuation for the property in 2021, based on there being no wind farm nuisance, as “very low”.
The hearing continues on Thursday.
