Concerned About Wind Turbines Objecting to wind turbine applications

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Concerned About Wind Turbines

Objecting to Wind Turbine Applications

CAWT receives more emails and phone calls from people concerned about proposed wind

energy developments near to their own homes, than we do about anything else.

This guide is designed to help you object to wind turbine plans in your area. Although

primarily designed for objections to commercial developments (where the turbines are 50m in

height or more), the principles can be used for most smaller developments.

The bad news

Let’s begin by getting the bad news out of the way.

Anybody can apply for planning permission for wind turbines. The Scottish Government

currently supports onshore wind energy developments in appropriate locations.

Consequently, local authorities such as Aberdeenshire Council, have little choice other than

to support such developments.

The current subsidy arrangements (through Renewable Obligation Certificates or Feed-in-

Tariffs) financially-reward owners of wind turbines. These subsidies are paid by you via your

electricity bills.

The fact that a wind turbine or windfarm may spoil your view or reduce the value of your

home is not a ‘material planning consideration’ – i.e. you can complain about it, but the

Council will not consider it as part of your objection.

Okay, that’s the bad news.

The good news

You can object to wind turbine plans and there are valid reasons for you to do so.

Where to start?

Firstly, any planning application for larger turbines (generally 50m or higher) must be

accompanied by an Environmental report or Environmental Impact Assessment. These are

reports which predict the effects on landscape, wildlife, noise, water sources, etc.

When the plan is submitted to Aberdeenshire Council, you have 21 days to respond. This

time will pass quickly, and it will help you to be prepared.

Note 1:

The Environmental Reports are predictive only. In the event that the predictions are wrong, it

will likely be too late for you to complain.

Note 2:

The Environmental Reports are typically prepared by the developing agent, who operates on

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behalf of the landowner. The developing agent typically has a vested financial interest in the

project being approved. For this reason, you may find that data presented in the

Environmental Reports is misleading, subjective or worse, incorrect.

Do not presume that the developing agent is technically-competent or will be accurate or

wholly transparent in their presentation of data.

Community Councils

Contact your local Community Council. Community Councils are statutory consultees in

planning applications – i.e. their views are always sought. The Community Council for any

planning application is listed on the Aberdeenshire Council Planning Department website.

For example, for a proposed 2 x 80m turbine development near Turriff (APP/2010/0755), the

planning documents can be read here:

http://www.aberdeenshire.gov.uk/planning/apps/detail.asp?ref_no=APP/2010/0755

If you scroll down the page a little, you will see the local Community Council is Fyvie,

Rothienorman and Monquhitter. If you click the link on the Community Council, you will be

taken to a page with contact details for the Community Council. You can find the same

information on every planning application.

The Community Council has a responsibility to represent the community. They may not

object to the planning application, but they are supposed to represent the community. If some

in the community are concerned, the Community Council ought to notify Aberdeenshire

Council of this.

Neighbours and friends

Contact your friends and neighbours. Anybody can object to, or support a planning

application, even if they live outside of the area. Some objections for recent wind energy

developments in Aberdeenshire have been sent from the United States and Australia.

Let your neighbours know of your concerns. They may well have the same worries.

Petitions

Do not create a petition to collect signatures. If you have 100 people sign a petition,

Aberdeenshire Council will only class that as a single letter of objection. Instead, either create

a short leaflet or better still, ask everyone who is worried to write their own letter of

objection. If there are 4 people in a household, they should each write a letter.

Noise

Wind energy developers claim that turbines do not cause noise pollution. The simple fact is

that wind turbines can and do emit noise. This does not mean that all turbines will cause

noise pollution, but with the current financial subsidies, developers and landowners are trying

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to squeeze large turbines (often 80m or higher) into ever smaller areas, close to existing

homes.

For those affected by noise, the effects can be terrible. We know of families in Aberdeenshire

who have been experiencing excessive noise from wind turbines for over two years, with no

sign of a resolution.

Hopefully Aberdeenshire Council will learn from these cases, but until, such time as they do,

you may wish to consider you will end up in the same situation. All the while you are

complaining about noise, the landowner is reaping subsidy.

Noise from wind turbines is currently subject to ETSU-R-97 guidelines, prepared around

1997. Outside of the wind energy industry, which was largely responsible for preparing the

guidelines, ETSU-R-97 is widely discredited. As of March 2011, the fact is that ETSU-R-

97is what the wind industry uses, as does Aberdeenshire Council.

The Environmental Report will contain noise predictions – specifically, how much

background noise will rise at the nearest affected homes. These are predictions only, from

on a desk-based exercise.

If they prove to be incorrect, you face an uphill battle to have any actions taken. Developing

agents are reluctant to release the raw data they use to perform their noise predictions – you

may, rightly, ask why. Some developing agents appear to have no personnel formally-

qualified to perform the noise surveys. For example, we would expect to see the surveys

performed by a Member of the Institute of Acoustics. To-date in Aberdeenshire, CAWT has

seen few such cases. You can rightly question the competence of both the developing agent in

preparing the noise survey, and Aberdeenshire Council Environmental Health in assessing it.

Ask that the raw data be released for independent analysis by a qualified acoustic specialist.

You will have to pay for this analysis, but it may be worth it to prevent a possible 25-year

noise pollution issue. CAWT can put you in touch with qualified acoustic specialists.

If the developing agent refuses to release the raw data, you can rightly ask why. As the saying

goes: ‘if they have nothing to hide, they have nothing to fear.’

Separation distance

According to Aberdeenshire Council planning guidance on wind energy developments,

commercial wind turbines (greater than 50m height) must be at least 400m or 10 x rotor

diameters from homes.

You might think this would be mandatory but, sadly, it appears that the Council is willing to

ignore its own guidance. There are examples of commercial turbines being built less than

400m from homes. There are also examples of commercial turbines being built less than 10 x

rotor diameters from homes.

By rotor diameter, we mean the size of the rotors. An Enercon E70 turbine has rotors of 71m

diameter. The separation distance between an Enercon E70 and homes ought to be at least

710m, according to Aberdeenshire Council. However, there are examples in Aberdeenshire of

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such turbines being erected less than 500m from homes in breach of the Council’s own

guidance.

2km separation distance

There is a common belief that 2km is a Scottish policy on separation distance between wind

turbines and homes – sadly, it is untrue. Scottish Government planning policy suggests that

2km separation be used to guide developers when searching for suitable areas, though the

2km primarily applies to towns and villages. Individual homes are usually not included.

Individual Councils can set their own separation distances. Aberdeenshire Council have

chosen 400m or 10 x rotor diameters. As we have stated above, sometime s both are ignored.

Other Scottish Councils (notably Fife and Perth and Kinross) have much greater separation

distances. You are perfectly entitled to wonder why their residents are afforded more

protection than those of Aberdeenshire.

The 400m minimum separation distance only applies to commercial turbines (50m or higher).

Smaller turbines have no minimum separation distance that CAWT is aware of.

Wildlife

The developing agent must include details on predicted impacts on local wildlife.

Unfortunately, you are unlikely to see the raw data that comprises these surveys; you will

likely only see the summary data presented by the developing agent. RSPB will be a statutory

consultee. RSPB generally make no comment, partly because there are so many turbine plans

that they have insufficient personnel to respond in full.

Scottish Natural Heritage (SNH) will also be a statutory consultee. SNH may make some

observations with regard to wildlife and cumulative impact. However, at the time of wiring,

SNH will not object on cumulative impacts. Instead, they leave the issue of cumulative

impact in the landscape to Aberdeenshire Council’s professional landscape architect.

Unfortunately, it appears that if SNH make no objection, that there is an inferred belief that

SNH ‘approve’ the plan. This is not the case. If you feel that landscape is relevant to the

proposal nearest to you, contact SNH and Aberdeenshire Council. Contact details are listed at

the end of this guide.

Community benefit

This is regarded by many people as the ‘bribe’ to ‘sweeten the pill’. The developer/landowner

may offer the local community a cash incentive if the turbines are built. Typically, the bigger

the turbines, the bigger the incentive. You may wish to note that the incentives are often paid

to communities located several miles from the proposed developments – i.e. the local village

a few miles away might see the cash, but the nearest homeowners will not.

Also, remember that the financial incentives are paid for from subsidies. Those subsidies are

paid for by you in your electricity bills. Effectively, the community is getting its own money

back, minus a significant percentage to the landowner.

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Attend the Area Committee meeting

When the planning application is discussed by Aberdeenshire Council, it will be done by the

Area Committee. There are Area Committees for Banff & Buchan, Buchan, Formartine,

Garioch, Kincardine & Mearns and Marr. Each Area Committee comprises Councillors from

that area. You can see the current members of each Area Committee here:

http://www.aberdeenshire.gov.uk/councillors/AreaCommitteeMembership.asp

If you object to a plan, ask to make a representation at the Area Committee meeting in your

objection. When the Area Committee meets to discuss the plan, you will have around 20

minutes in total (i.e for all objectors) to address the Committee with your concerns. If you

and your neighbours all attend, it helps to send a message to the Council that you are treating

the issue seriously and wish to have your opinions and concerns given true weight.

You may well find that the supporters of the project (and there will be a few) do not attend.

Even if they do, most of the support tends to be based on ‘turbines are clean and green and I

like them’ type comments.

Contact your Councillors

Aberdeenshire Councillors are democratically-elected to represent you.

Copy your letter/emails of objection to them and attend their surgeries to voice your

objections in person. You can find their contact details here:

http://www.aberdeenshire.gov.uk/councillors/contact/index.asp

If the turbines of concern are less than 50m in height, the Planning Department can determine

whether they approved or not without referral to the Area Committee. If you are concerned

about turbines less than 50m in height, copy your objections to your local Councillors and ask

that they request that the plan be referred to the Area Committee for decision.

Don’t be afraid

Do not be scared to object. It is your home. You have every right to a decent quality of life.

Remember that many of the proposed developments are primarily about reaping financial

subsidies (from your electricity bills!) for the landowner. Ask yourself: what is in it for

you? If the answer is nothing other than potential noise, loss of view or amenity, reduced

property value, etc. then question why you and your neighbours are to be worse off in order

that a landowner and developer (who may not even live in the vicinity) can benefit.

Contacts

Scottish Natural Heritage

http://www.snh.gov.uk/about-snh/snh-in-your-area/grampian/contact-us/

Aberdeenshire Council Environmental Health

http://www.aberdeenshire.gov.uk/environmental/EPOffices.asp