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Decision details
 

Decision details

Batsworthy Cross Windfarm

Decision Maker: Strategy and Resources Committee

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

The Committee considered a joint report by the Head of Environmental Health and Housing Service and Service Lead Environmental Protection (circulated previously) regarding an update on the current status of the Council’s regulation of the noise related planning conditions associated with Batsworthy Cross Windfarm further to the report that was presented to the Committee on 4th November 2019.

 

The Service Lead Environmental Protection highlighted the following:

 

·         Officers’ had received representations from the Operator concerning certain aspects of the meteorological data used in the noise assessments to date.

·         These representations confirmed that the Operator was not contesting the outcome of the assessments to date, but that they believed the wind speed reference location needed considering further.

·         The Operator had requested a meeting with Officers to discuss this and agree an appropriate way forward to achieve compliance.

·         Officers were currently reviewing the position in light of advice having been received from the Council’s acoustic consultant concerning this representation and seeking internal legal opinion to help determine an appropriate way to proceed.   Feedback had not yet been received.

·         Further to the Committee meeting held on 4th November 2019, a community meeting had now been rescheduled for 14th January 2020 and that Councillors Ley and Yabsley would be attending.  The meeting would be held at Brynsworthy Environment Centre.

 

In response to questions from Members, the Service Lead Environmental Protection confirmed that Officers from the Planning team were seeking internal legal opinion in relation to the Operator’s request regarding the wind speed reference location.  A meeting would be held with the Operator following the receipt of internal legal advice and Councillors Ley, Worden and Yabsley would be invited to attend.

 

With the consent of the Chair, Jane Faust addressed the Committee and explained how wind speed was measured on site and where wind speed was measured was critical.

 

In response, the Service Lead Environmental Protection advised that Officers were of the view that the current noise monitoring was undertaken in accordance with planning conditions.   Officers were seeking internal legal opinion regarding whether the Operator could pursue a change in the wind speed reference location and apply to vary the planning condition.  Noise compliance monitoring at six locations close to Batsworthy Cross Windfarm had confirmed compliance with the noise related planning conditions at five of these six locations.  Exceedance of the noise limits in the sixth location had been confirmed.

 

The Chief Executive advised that there was no facility within the Council’s Constitution for public speaking at the Committee, however the Chair had given permission for representations to be made at this meeting.  The appropriate time for further discussions to take place with Officers would be at the community meeting on 14th January 2020.  He was aware of a number of FOI and EIR requests, but these had been dealt with.  He stated that the Council had not acted unlawfully as alleged.  If it had, this would be reviewed by the Monitoring Officer and reported to Council if required.

 

RESOLVED that the current position regarding the Council’s regulation of the noise related planning conditions associated with Batsworthy Cross Windfarm be noted.

 

Publication date: 15/01/2020

Date of decision: 06/01/2020

Decided at meeting: 06/01/2020 - Strategy and Resources Committee

Accompanying Documents: