Copyright 2004 Western Morning News
Western Morning News (Plymouth)

January 23, 2004

SECTION: News; Environment; Energy; Pg. 12

LENGTH: 365 words

HEADLINE: COUPLES SUFFERING HEALTH EFFECTS LOSE COURT FIGHT OVER TURBINES

BODY:
Three couples who claim their lives have been blighted by the noise from
wind turbines have lost their legal fight to have them silenced. The
residents, living near Askam windfarm in Cumbria, spent thousands of pounds
bringing the action in a test case over turbines owned by Powergen and
operated by Wind Prospect.

They had sought to get the turbines declared a statutory nuisance under the
Environmental Health Act.

But district judge Peter Wallis has ruled: "The proceedings were criminal
and the residents had to prove an alleged statutory noise nuisance exists or
is likely to recur. Audibility and annoyance are not to be equated with
nuisance." One of the couples, Stephen and Julie Lainson, of Marton,
remortgaged their home to pay their legal fees. Mr Lainson, 34, said: "I
feel like an insect that has just been crushed under the Powergen heel." The
case was heard at South Lakeland Magistrates Court and residents' spokesman
David Brierley said the group was stunned.

During the trial, Judge Wallis heard that those living around the turbines
suffered from anxiety and lack of sleep brought about by noise from the
30m-high machines. Ireleth resident Les Nichols, 64, said he and his wife
Betty had made numerous complaints about the noise.

However, Powergen said it had spent £50,000 fitting noise reduction
equipment to the turbines which had cut the frequency of complaints.

After the hearing, Powergen spokesman Matthew Britton said: "I can't say we
won't get any more complaints as no windfarm operates silently, but we will
continue to work to minimise its effect." Outside the court, Mr Nichols
said: "All we can hope is that Powergen honour their pledge to reduce the
noise we suffer from." Eddie Albion, of Ireleth, who told the judge the
sound of the turbines "drives you crazy" and his wife Eileen were not in
court to hear the ruling. He said it was likely that the residents would
meet to decide what to do next.

Mr Albion said: "We are surprised with the outcome. The government inspector
came up to do readings for three weeks in one month. They have not taken
into consideration the full ten months. I do not think that's fair."

LOAD-DATE: January 24, 2004