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Last Updated: Monday, 11 August, 2003, 13:16 GMT 14:16 UK
Legal protest over windfarm
Askam wind farm
Opponents say the wind farm is a noise nuisance
A district judge is to decide whether legal action against a wind farm operator in Cumbria is to go ahead.

Three couples began legal action against the owners and operators of the Far Old Park Farm turbines and Barrow Borough Council.

The residents argued the complex of seven turbines, caused a noise nuisance.

An initial court hearing was adjourned on Monday and a district judge will decide later this month whether the action can continue.

The action, under the Environmental Protection Act, is against Wind Prospect, which operates the site, Powergen Renewables which owns it and Barrow Borough Council, whose environmental health officers have the first responsibility under the act to regulate a noise nuisance.

The case was adjourned by Barrow magistrates until the 21 August, for a pre-trial review which will be heard by a district judge.

Opponents of the windfarm were disappointed when the councillors decided to drop planned enforcement action in December 2002.

Most of the turbines at Far Old Park Farm do not have planning permission.

Instead the council signed an agreement with the developer, imposing a range of planning conditions on the turbines already built.

Wind farm jobs hope for Cumbria
28 Aug 02  |  England
Protest over wind farm plan
19 Aug 02  |  Northern Ireland

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