Uren v Bald Hills Wind Farm Pty Ltd

COURT OR TRIBUNAL

Supreme Court of Victoria

DATE FILED (OR FIRST HEARING DATE)

01/02/2020

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Wind farm

REVIEW TYPE

Judicial review

SUMMARY

TORTS — Nuisance — Private — Wind farm operated by defendant — Plaintiffs complain noise from wind turbines disturbs sleep — Substantial interference with plaintiffs’ enjoyment of land — Interference is intermittent and specifically affects plaintiffs’ ability to sleep undisturbed at night — Social and public utility of wind farm — Whether plaintiffs hypersensitive — Nature and established uses in locality — Whether wind farm an established use in locality — Whether defendant took reasonable precautions — Noise found to be substantial and unreasonable interference with plaintiffs’ enjoyment of land.PLANNING — Permit compliance — Relevance of permit compliance to private nuisance claim — Noise conditions in planning permit apply New Zealand Standard 6808:1998 Acoustics — The Assessment and Measurement of Sound from Wind Turbine Generators — Whether wind farm complied with noise conditions in permit — Proper interpretation of noise conditions and NZ Standard — Role of Minister in relation to permit compliance — Minister responsible authority for noise conditions under Planning and Environment Act 1987 (Vic) — Not for Minister to determine permit compliance — Defendant did not establish compliance with noise conditions in permit.INJUNCTION — Whether damages an adequate remedy for continuing nuisance — Damages not an adequate remedy — Injunction restraining defendant from continuing to permit noise from wind turbines to cause nuisance at night and requiring defendant to take necessary measures to abate nuisance — Injunction stayed for three months.DAMAGES — Damages for past loss of amenity — Aggravated damages — High-handed conduct of defendant — Exemplary damages not awarded.

CASE DOCUMENTS

Uren v Bald Hills Wind Farm Pty Ltd [2022] VSC 145