Stable member John D. Campbell QC was instructed in the case of MILNE V STUARTFIELD WIND POWER by Balfour and Manson. This case has recently been summarised and reported in the monthly issue of 'Noise Bulletin'. The effect of the successful litigation has been to underline the importance of the Enviromental Protection Act 1990, s. 82 - action for a statutory nuisance by an individual, as distinct from a Council - as a readily available tool for those adversely affected by windfarm noise in their own homes and premises.
It also makes it clear that a 'Summary Application' in the modern Sheriff Court is not necessarily summary, and that noise nuisance evaluation can be complex and difficult.
Click on the title below…Noise Bulletin March 2019