Couple’s wind turbine court battle goes on

Wind turbine at Fen Cottage, Old Leake, at the centre of a planning wrangle.
Wind turbine at Fen Cottage, Old Leake, at the centre of a planning wrangle.

A determined couple who say noise from a wind turbine forced them to leave their home are continuing a court fight against the council for allowing it to be built.

Nigel and Caroline Greaves are set to appeal a High Court ruling which found in favour of Boston Borough Council over the allowing of a 15-metre high turbine at Fen Cottage in Midgate Lane, Old Leake.

The pair lived at Chilton Lodge, the nearest residential property on the other side of Midgate Lane, and say a planning condition to limit noise from the turbines was ‘unenforceable and unlawful’.

Permission was granted for the turbine on September 5, 2012, and the structure was put up one week later.

Mr Greaves, who says they suffered from 48-hour periods of noise affecting every room of their house, told The Standard: “We know we are right and we know that the condition is unenforceable.”

He’s confident that if they can get the council in a courtroom again then they can use expert evidence to prove their point and win.

A date has not been set for a possible hearing.

The Greaves’ sold the property for £385,000 on June 9 last year and say the sale was prompted by the noise issue. Even though they have moved they say are determined to fight on. The pair had lived at the address for eight years, landscaping the garden and carrying out works to the property.

They feel their case will expose problems with the way the council makes planning conditions.

Mr Greaves added: “There’s people that live in this borough paying their council tax and expecting to be protected by environmental health. They don’t know that they’ve got absolutely no protection at all against problems like this.”

The council does not wish to comment further before the case comes to court again.

The Greaves’ homes was bought by another couple that have not yet raised an issue with noise from the turbine.

On November 25 Mr Justice Dove decided the couple ‘failed to make out a case on the merits’.