Raymond Byrne and Lorna Moorhead v. ABO Wind Ireland Ltd & Others
The High Court’s decision to shut down three turbines is a landmark ruling, the first instance in Ireland where a court ordered a complete Wind Turbine shutdown due to noise nuisance.
Raymond Byrne and Lorna Moorhead, residents of Corragh, Bunclody, Co Wexford, in Ireland, initiated legal proceedings in 2018 against ABO Wind Ireland Ltd, ABO Wind OMS Ireland Ltd, and Wexwind Ltd, the operators and owner of the six-turbine Gibbet Hill Wind Farm located approximately 1 km from their home. The couple alleged that the wind farm, operational since 2013, caused significant noise, vibrations, and shadow flicker, resulting in sleep disturbance, stress, anxiety, and a “destroyed” quality of life and enjoyment of their property. They further claimed the nuisance devalued their property. Their legal action sought various remedies, including an injunction to halt the wind farm’s operations.
Legal proceedings include a ruling in November 2020 where Mr. Justice Mark Sanfey, High Court, ordered the wind farm operators to disclose raw SCADA data and other records related to turbine operations, as the plaintiffs argued this was essential to substantiate their claims of nuisance due to noise, vibration, and shadow flicker. In March 2025, on the 11th day of the trial, the defendants admitted liability for the nuisance caused by the wind farm, acknowledging the couple’s claims of noise, vibration, and shadow flicker impacting their property. This was followed with the High Court Ruling in June 2025 where Mr. Justice Oisín Quinn ruled in favor of Byrne and Moorhead, ordering the permanent shutdown of three of the six turbines at Gibbet Hill Wind Farm, marking the first time a court in Ireland ordered a complete turbine shutdown due to noise nuisance. The judge awarded €360,000 in damages (€120,000 for Byrne, €180,000 for Moorhead, plus €60,000 in aggravated damages) and held the defendants liable for legal costs estimated at €2.3 million. The ruling criticizes the defendants for their “seriously unimpressive” failure to engage meaningfully with the couple’s complaints over 12 years, noting that this lack of engagement exacerbated the nuisance. The judge emphasized that a full shutdown was the only solution to prevent the admitted nuisance, as the defendants failed to propose viable alternatives.
The case has drawn attention from the Attorney General, who is studying a related 2024 High Court ruling on wind turbine noise, suggesting potential broader implications for wind farm regulations. This could lead to updated guidelines on turbine placement, noise limits, and community engagement to prevent similar lawsuits.
A separate Supreme Court case from 2019 involving a Cork wind farm (Klaus Balz and Hanna Heubach v. An Bord Pleanála), where the court overturned planning permission due to inadequate consideration of noise impact submissions, indicating judicial scrutiny of wind farm noise issues.
The precedent set by these cases and others (e.g., the 2022 Bald Hills case in Australia, where a court ordered nighttime shutdowns) may push policymakers to balance renewable energy development with community welfare, potentially introducing stricter noise standards or mandatory mitigation measures.
The ruling challenges the narrative of wind energy as inherently “clean” and “green,” highlighting environmental and social drawbacks like noise pollution. The substantial damages (€360,000) and legal costs (€2.3 million) imposed on the defendants signal significant financial risks for wind farm operators who fail to address nuisance complaints. This could lead to increased insurance costs or financial provisions for potential lawsuits, impacting project economics
The case may also influence how courts assess “aggravated damages” in future nuisance cases, particularly when operators act negligently or dismissively toward affected residents.
While the ruling is specific to the Gibbet Hill case, its significance extends to common law jurisdictions like Australia, New Zealand, Canada, and the UK, where similar nuisance claims could leverage this precedent. These cases indicate a growing trend of judicial intervention in wind turbine noise disputes, showing a global shift toward stricter accountability for renewable energy projects. The High Court’s decision to shut down three turbines at Gibbet Hill Wind Farm and award significant damages to Raymond Byrne and Lorna Moorhead marks a historic moment in Ireland’s renewable energy landscape. It emphasizes the importance of addressing community concerns in wind farm operations and sets a precedent for nuisance claims. Future ramifications include heightened regulatory scrutiny, potential changes in planning policies, and increased pressure on developers to mitigate noise impacts, all of which could shape the trajectory of wind energy development in Ireland and beyond
