Agenda item

Joint report by Head of Environmental Health and Housing and Service Lead Environmental Protection (attached)

The Committee considered a joint report by the Head of Environmental Health and Housing 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.

The Head of Environmental Health and Housing highlighted the following:

·         The Noise Consultant (HLA) carried out measurements at two locations (The Ridge and St Michael’s/All Angels).  These measurements were made between December 2018 and May 2019.  The Council has also secured sufficient measurements at the Birchwood House proxy location to allow a proper judgement to be made on whether the windfarm was compliant with the noise limits in this area.

·         The Council’s acoustic consultant had concluded that despite the inability to derive precise values for wind farm noise levels directly from the measurements, using the procedures in the Method Statement, there was reasonable certainty that the wind farm was compliant with the noise limits at St Michael’s and All Angels.  Measurements reported at the proxy location for Birchwood House, however, indicated that further mitigation was required to achieve compliance.

·         On 16^th August 2019, the Council advised the operator this situation and requested that a mitigation strategy be provided within 30 days.  The operator had requested an additional reasonable amount of time which had been agreed. 

·         An update report would be presented to the Committee on 4^th November 2019 in light of the non-compliance.

In response to questions, the Head of Environmental Health and Housing advised that the conditions of the planning consent allowed the operator to adjust settings to comply with the conditions and that this was monitored and evidenced to ensure compliance.  He gave assurance and commitment to the residents that the Council would regulate to ensure full compliance.  The operator had requested a further 30 days extension.

Francis King (Nutcombe, Ash Mill) addressed the Committee.

In response to the issues raised by Francis King, the Head of Environmental Health and Housing advised that the Council would investigate the statutory noise nuisance and would liaise with the Service Lead Environmental Protection upon his return.

Jane Faust addressed the Committee.

In response to the issues raised by Jane Faust, the Head of Environmental Health and Housing advised that the Council was committed to regulate planning conditions 37 and 38 and the statutory noise nuisance.

In response to further questions, the Head of Environmental Health and Housing advised that the report to be presented to the next meeting of the Committee would include an update on the regulation of compliance with planning conditions 37 and 38 and the statutory noise nuisance.  Originally noise compliance monitoring was undertaken at six locations close to Batsworthy Cross Windfarm.  Because inadequate data was collected, the Council had requested the operator to carry out further noise measurements at three of those locations.  The regulation of the conditions 37 and 38 was provided by Planning and the Environmental Protection teams.