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Australia: Resident’s lawyer promises legal action against wind turbine host neighbours

Threat of legal action against wind farm hosts

Hamish Boland-Rudder — Canberra Times — October 29, 2013

An anti-wind farm resident of Collector says he will sue his neighbours should they become turbine hosts as part of a proposed wind farm in the small community north of Canberra.

A proposal for a 63-turbine wind farm at Collector was referred to the Planning Assessment Commission by the NSW Department of Planning late last month, with the recommendation the plan be approved. The commission will hold a meeting in Collector on Tuesday to hear from the public.

But last week, lawyers acting for Friends of Collector president Tony Hodgson sent a letter to landholders who would probably host a turbine. It said there was precedent for legal action as it was “anticipated that the operation of the wind farm will have substantial and actionable adverse affects [sic] upon our Client”.

“By leasing your land to accommodate wind turbines, you authorise the nuisance that is likely to result from the noise emitted by the operation of those turbines and you can be held liable in respect of the entirety of the damage sustained by those affected by the nuisance, including any personal injury that materialises,” the letter said.

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The letter, sent to eight properties, warned that development consent was not a defence against possible legal action and recommended recipients seek legal advice.

Mr Hodgson said he had been advised by his lawyers that there was “extensive” precedent to sue his neighbours should the turbines prove a nuisance, and that he would seek damages.

“The installation of those wind turbines will cause a nuisance on my property and you’re not allowed to do that,” he said.

“It’s already quite clear that just the notion that there’s potentially wind turbines on my property or the adjoining properties … leads to a substantial diminution in value of the property of at least 35 per cent and in some cases 60 per cent.   Continue reading, here…..

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2 Comments on “Australia: Resident’s lawyer promises legal action against wind turbine host neighbours”

  1. 1957chev October 28, 2013 at 10:20 am #

    Reblogged this on Mothers Against Wind Turbines and commented:
    The hosts of the useless machines should be sued….along with the politicians and wind companies.

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  1. October 2013 – Blogs and Articles | shelliecorreia - April 10, 2014

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