Andrew Milne And Mrs Rosemary Milne Against Stuartfield Windpower Limited
| Jurisdiction | Scotland |
| Judge | Sheriff Andrew Miller |
| Neutral Citation | [2019] SC ABE 25 |
| Court | Sheriff Court |
| Date | 10 May 2018 |
| Docket Number | ABE-B336-17 |
| Published date | 27 March 2019 |
SHERIFFDOM OF GRAMPIAN, HIGHLAND AND ISLANDS AT ABERDEEN
[2019] SC ABE 25
ABE-B336-17
JUDGMENT OF SHERIFF ANDREW MILLER
in the cause
ANDREW MILNE and MRS ROSEMARY MILNE, Spouses, East Mains of Crichie,
Stuartfield, Aberdeenshire, AB42 5DY
PursuerS
against
STUARTFIELD WINDPOWER LIMITED, a company incorporated under the Companies
Acts and having a place of business at 1 East Craibstone Street, Aberdeen, AB11 6YQ
Defender
Pursuers: Mr J Campbell QC
Defender: Mr J Findlay QC
ABERDEEN: 10 May 2018.
Findings in Fact
The sheriff, having resumed consideration of the cause, Finds the following facts admitted
or proved, namely:
1) The pursuers (‘Mr and Mrs Milne’) are spouses and ordinarily reside at East Mains of
Crichie, Stuartfield, Mintlaw, Aberdeenshire AB42 5DY, which they own.
2) The defender is a limited company having its registered office at 1 East Craibstone
Street, Aberdeen and a place of business at West Knock Farm, Stuartfield, Mintlaw,
Aberdeenshire AB42 5DJ.
3) This court has jurisdiction.
2
4) West Knock Farm is owned by Mr Albert Howie, whose family also controls the
defender.
5) East Mains of Crichie is a smallholding of about five acres. The dwellinghouse there
has four bedrooms and is one and a half storeys high. The master bedroom is at the
rear of the property facing east, generally towards West Knock Farm and the wind
turbines situated there. The dwellinghouse has double glazed windows throughout.
The property has a number of outbuildings including stables for horses owned by
Mrs Milne and a field in which the horses are exercised.
6) Mrs Milne owns a number of horses and competes in equestrian events.
7) The pursuers purchased East Mains of Crichie in 2001 and moved there from
Aberdeen city centre in 2001 in order to be nearer to their parents and so that
Mrs Milne could keep her horses there.
8) Mrs Milne gave up work as a microbiologist in about 2010 order to spend more time
at East Mains of Crichie with her horses.
9) Planning consent was granted to the defender on 20 April 2011 for the construction
of three wind turbines (‘the turbines’) at West Knock Farm.
10) The planning consent was subject to a number of conditions including planning
condition 17, which was in the following terms:
“17. At wind speeds not exceeding 12 metres per second, as measured or
calculated at a height of 10 metres above ground level at the site, the noise level
generated by the wind turbine cluster at any noise sensitive premises shall not
exceed:
a) During night hours, (2300 – 0700), 38 dB LA 90 (10 minutes) or the night hours
LA 90 (10 minutes) background noise level plus 5 dBA, whichever is the greater,
and;
b)
3
c) During daytime hours, (0700 – 2300), 35 dB LA 90 (10 minutes) or the daytime
hours LA 90 (10 minutes) background noise level plus 5 dBA whichever is the
greater.
Reason: In order to ensure that neighbouring residential properties are protected
from unacceptably high levels of additional noise arising from the operation of the
turbines.”
11) The pursuers received no formal notification of the defender’s application for
planning permission for the turbines and were unaware of the precise locations
chosen for the turbines until construction commenced.
12) On becoming aware of the proposed location of the turbines the pursuers did not
complain or attempt to intervene to prevent construction of the turbines.
13) The turbines were constructed during 2011 and commissioned on 7 November 2011.
14) The turbines were manufactured by Enercon. They are each approximately 80 metres
in height to blade tip.
15) The turbines each have three blades attached to a central hub. The blades turn when
the wind blows against them. The turbines are designed so that the orientation of the
hub to which the blades are attached changes according to the wind direction, with
the result that the turbine blades always face into the wind. The turning of the blades
generates electricity which has a financial value to the defender.
16) The action of the blades turning under wind power also generates aerodynamic
noise, as distinct from any mechanical noise arising from the operation of the turbine
mechanism.
17) West Knock Farm, where the turbines are situated, is an exposed, rural location
which is frequently subject to strong wind.
18) The stronger the wind blows against the turbine blades, other things being equal, the
more quickly the blades turn.
To continue reading
Request your trial