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Irish Times
19-06-2025
- Business
- Irish Times
Surveyor disputes ‘extraordinary' claim that wind farm could devalue nearby property by 44%
A chartered surveyor has disputed another expert's 'extraordinary' view that noise nuisance from a Co Wexford wind farm could devalue a nearby four-bedroom property by up to €120,000 or 44 per cent. Tom Corr said the appropriate devaluation figure for the €400,000 Hill House property was €25,000 or 7 per cent. The current lack of housing supply means purchasers must compromise and might mean no drop in value due to noise nuisance from a turbine at Ballyduff Windfarm at Kilcomb, near Enniscorthy, he added. A valuation expert hired on behalf of Keith Rollo and Margaret Webster, joint owners of Hill House, has assessed noise nuisance could mean a €120,000 or 44 per cent devaluation. READ MORE However, Mr Corr, on behalf of the wind farm operator, described that level of devaluation as 'extraordinary'. In reaching his findings, he took research and comparators into account and placed himself in the shoes of a potential purchaser who he believed would not go into 'forensic' detail about the court's judgment that wind turbine noise caused a nuisance in relation to Hill House and another nearby property. The fact wind turbines have become bigger in size may be relevant, he said. It would be difficult now to buy a home similar to Hill House for €400,000, he added. He also considered his 6 to 7 per cent devaluation figure for a nearby property owned by Ross Shorten and Joan Carty, of Grange Road, Rathfarnham, Dublin, until they sold it in August 2021 for €295,000, was accurate. He was influenced by evidence from the purchaser of their property, who had said she could tolerate the wind turbine noise. His view was the market value of that property in 2021 and 2022, taking the wind farm into account, was respectively €318,000 and €360,000. Mr Corr gave evidence on Thursdayin a continuing hearing to assess damages for Mr Rollo, Ms Webster, Mr Shorten and Ms Carty, over noise nuisance from one of the two wind turbines at the Ballyduff wind farm. All four plaintiffs sued wind farm operator Meenacloghspar (Wind) Limited, which has a registered address at Stillorgan Road, Donnybrook, Dublin 4, seeking orders restraining or restricting its operations and damages for nuisance. Represented by John Rogers, instructed by solicitors Noonan Linehan Carroll Coffey, they claimed their sleep was disrupted, their mental health suffered and their properties were devalued due to noise, vibration and shadow flicker. The claims were denied. In her landmark March 2024 judgment on the cases, the first private nuisance claim for wind turbine noise to run here, the judge held the noise levels amounted to 'unreasonable interference'. Last month, she said she would grant an injunction restricting the turbine's operation. She adjourned the case to this week to hear arguments on the level of damages that should be awarded to the plaintiffs for the nuisance impact. The claim includes a sum of about €1 million to enable Mr Rollo, who is living in rented accommodation since March 2021 after separating from Ms Webster, to buy or build a home similar to Hill House. Now aged 51, Mr Rollo claims the noise nuisance caused a breakdown of his mental health, relationship and chance to have a family. The evidence concluded on Thursday. The judge will hear legal submissions next month.
Irish Times
18-06-2025
- Business
- Irish Times
Man who suffered noise nuisance from Wexford wind farm seeks €1m damages for a new home
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. READ MORE 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.
