High Court Rules on Compensation for Noise from Wind Turbines  

September, 2014 - Attorney and Partner Søren Stenderup Jensen

Those who build wind turbines are obliged to compensate their neighbours for noise pollution, visual interference and other disadvantages of the turbines. The issue of compensation is usually settled before the wind turbines are erected, and the amount does not necessarily reflect the actual noise levels or indeed the reductions in property value that usually accompany the erection of the turbines. 


So far, only few wind turbine neighbours have been granted additional compensation after the completion of the turbines. However, Søren Stenderup's article concerns a case where a Danish High Court decided to double the compensation granted - amongst other things because a court-appointed expert witness considered both the noise levels and property value reductions to be far greater than the assessment authorities had originally estimated.


Depending on their location, wind turbines can cause noise, visual interference and light reflections. These issues are governed by public and private law, including neighbour law. The main rules regarding noise from the wind turbines can be found in Executive Order 1284 of December 15 2011 on wind turbine noise, issued pursuant to the Envirnmental Protection Act. To some extent, the order safeguards neighbours from noise inconvenience by establishing maximum noise levels from wind turbines in outdoor areas. The noise limit varies depending on the surroundings.                                                                                                   


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