Report by Service Lead – Environmental Protection (attached)

The Committee considered a report by the Service Lead – Environmental Protection (circulated previously) regarding Batsworthy Cross Windfarm.

The Service Lead – Environmental Protection gave the Committee the following highlights:

In response to the unanswered questions raised by the Batsworthy Noise Group.  The Service Lead – Environment Protection Officer responded that North Devon Council were in compliance with the Planning Inspectorate requirements and that detailed responses had been given to the numerous requests for information.  Although there were further questions in the consultation response, these had been reviewed and it was considered that there was no relevant details to warrant amending the proposed course of action as set out in the Officer report.  All questions and further comments, however, would be answered/addressed in the fullness of time.

The Chair invited Jane Faust to address the Committee.

Jane Faust addressed the Committee.

In response to the first question raised by Jane Faust the Chief Executive advised that the question did not relate to the report being considered and would be addressed outside of this Committee as a separate matter.

Jane Faust asked about the compliance issue as the Inspectorate stated that compliance was binary not suggestive and if there was a non-compliance on site then further investigation of this should be undertaken.  The Service Lead – Environment Protection Officer responded that the assessment of noise compliance had been undertaken in relation to guidance from Planning.

The Chair invited David Morgans to address the Committee.

David Morgans addressed the Committee.

In response to Mr Morgan’s comments.  The Service Lead – Environment Protection Officer advised that it was not appropriate to discuss the technicalities of the noise level readings but that the findings in the report were correct.  The  ...  view the full minutes text for item 6

Report by Service Lead – Environmental Protection (attached).

The Committee considered a report by the Service Lead – Environmental Protection (circulated previously) regarding Batsworthy Cross Windfarm.

The Service Lead Environmental Protection highlighted the following:

·         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 has previously been confirmed.

·         On 16th September 2020, the Council had re-issued a request to the Operator asking them to provide details of a proposed further mitigation strategy for properties in the vicinity of Birchwood House within 30 days. 

·         A response from the Operator was received on 8 October 2020 confirming details of an associated mitigation strategy. 

·         Additional information was subsequently requested from the Operator, to enable a further assessment of this strategy with further clarifications and data being received during January 2021. 

·         Officers’ were currently in the process of reviewing the complete response.  This was proving to be challenging on a technical level and were still in the process of undertaking complicated analysis of the data with the consultant and that a further update would be provided at the meeting of the Committee in April 2021.

The Chair invited Jane Faust to address the Committee.

Jane Faust addressed the Committee.

In response to the points raised by Jane Faust, the Service Lead Environmental Protection advised the following:

·         The operator had submitted information in relation to the alleged reduction of the noise limits of 1.5dB to bring the site to what they believe would become compliant.  This was the data that officers were currently analysing.

In response to questions from Members, the Service Lead Environmental Protection advised the following:

·         The calculations of the noise limits were based on previous monitoring data.  There was a need for measured data which had now been submitted and was being analysed.  Once officers’ had a preliminary view on the data submitted then this information would be shared with Members. 

·         It was anticipated that a more informed update would be provided at the next meeting of the Committee on 12 April 2021.

The Committee noted the report and that a report would be presented to the Committee on 12 April 2021.

Report by Service Lead Environmental Protection (attached).

The Committee considered a report by the Service Lead Environmental Protection (circulated previously) regarding Batsworthy Cross Windfarm.

The Service Lead Environmental Protection highlighted the following:

·       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 previously been confirmed.  A response from the Operator had been received on 8 October 2020 confirming that a mitigation strategy had been put in place, and presenting information to support their view that compliance was now being achieved.

·       Officers shared this response in a meeting with representatives from the Community and two ward members on 10 November 2020, and subsequently undertook a review of the response taking into account the views of the Council’s acoustic consultant and those presented in this meeting.

·       It was concluded by Officers’ that additional information was needed from the Operator to enable further assessment of the position of compliance which they were putting forward to be undertaken.

·       On 23 November 2020, the Council’s Senior Management Team took a decision to approve Officers’ making a request for this information from the Operator which was actioned on 1 December 2020.  A response to this request was received from the Operator on 18th December 2020.  This decision did not preclude the Council asking the Operator to undertake further monitoring.

·       Since November 2020 officers had been requesting information from the Operator.  Officers had now received all of the information required to scrutinise and review to determine the next stage.  The review of calculations was quite a lengthy process.

·       The Council had received several detailed requests from the community and he understood that none of these requests were outstanding.

·       He advised that the report was to note and that a further report would be presented to the Committee at its meeting in March 2021.

In response to a question, the Service Lead Environmental Protection advised that he was not aware of any response received from the community regarding the reduction of noise.

The Chair invited Jane Faust to address the Committee for three minutes.

Jane Faust addressed the Committee.

In response to the points raised by Jane Faust, the Service Lead Environmental Protection advised the following:

·       Officers had now received sufficient information from the Operator to make an assessment.  The Operator had presented a position of alleged compliance, however insufficient evidence had been provided to back this position and therefore Officers had requested further information from the Operator on a number of occasions.

·       The current position did not preclude the Council requesting further noise measurements and monitoring.  Once the data had been scrutinised, officers would be able to make a judgement.

In response to questions from the Committee, the Service Lead Environmental Protection advised the following:

·       It was anticipated that the process of evaluating data would be complete in time for the March 2021 meeting of the Committee, however it was a complex process.  However, he would provide an  ...  view the full minutes text for item 250

Report by Service Lead – Environmental Protection (attached).

The Committee considered a report by the Service Lead Environmental Protection (circulated previously) regarding Batsworthy Cross Windfarm.

The Service Lead Environmental Protection highlighted the following:

·         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.

·         The Council re-issued a request to the Operator asking them to provide details of a proposed further mitigation strategy for properties in the vicinity of Birchwood House within 30 days.   A response from the Operator was received on 8th October 2020 detailing a proposed strategy and approach to verify the outcome of this strategy.

·         This response was currently being reviewed by Officers’ and the Council’s acoustic consultant and to consider the next steps.

·         A meeting with the Community had been arranged on Tuesday 10 November 2020 and the information provided by the Operator would be circulated to the Community group prior to the meeting.

·         An update would be provided to the Committee when the review of the Operator’s response was complete.

In response to a question, the Service Lead Environmental Protection advised that the process had taken longer than hoped or anticipated to give the Operator the opportunity to achieve compliance in the 6^th location.  It was hoped that the situation would be resolved as soon as possible.

The Committee noted the current position.