Energy Bill [Lords] — House of Commons, 2016-03-14
Topic: Environment
Christopher Heaton-Harris (Conservative, Centre-right): That is a very wise point, and one that I will come to later, if I may. I will just tease the hon. Gentleman briefly. It is possible to monitor such noise and predict where it might occur. Therefore, when amplitude modulation is causing distress to nearby residents and that is being monitored, it is possible with the agreement of the wind farm developer to stop the turbines turning during that period of time—this has happened in a couple of places in England—so the noise stops and everybody goes about their business happily I know that some of the proposals in Wales have been massive, and I have been working hard with my hon. Friend the Member for Montgomeryshire (Glyn Davies) on some amazingly large proposals for his constituency. I know that the matter is of real concern to many people across Wales As I have said, the current guidelines do not require amplitude modulation to be monitored at all. In fact, the noise falls outside ETSU monitoring. I know of only one wind farm planning decision in the United Kingdom in which a planning condition for amplitude modulation noise was imposed, which was the Den Brook development in Devon My concern is that everybody has known about this issue for a very long time—for decades—but no one has spoken up about it. We gave the green light to this industry, and I have previously spoken in this place about how some of the developers have not been particularly kind to villages and constituents of mine when proposing developments, because they knew everything was stacked on their side. I have previously made the argument to the hon. Member for Wigan (Lisa Nandy) that developers could have done a lot better in the past, and we might not have the current problem if it had been recognised that local people’s views should carry a great deal of weight For decades, there was no such recognition. The wind industry has consistently denied the existence of excessive amplitude modulation, even though I can point hon. Members to experts who have demonstrated that amplitude modulation is a frequent occurrence that potentially affects all large industrial wind turbines. It often does so for long periods, and more frequently than not during the night. I point to my survey of environmental health officers and planning authorities, many of whom said that they knew amplitude modulation or something of that ilk was happening, but had no powers to deal with it and did not have the correct guidance from Government to point them in the right direction People complain about amplitude modulation to Members of Parliament and local planning authorities, but I think there is a hidden silent majority. People are willing to suffer such noise in silence and do not want to complain because they fear the adverse implications of getting involved, such as having to disclose any complaint they have made to a planning authority or a council when they come to sell their house The existing legal remedies have been found wanting. Remedies are available for neighbours of wind farms who are affected by turbine noise under ETSU, but they are simply not fit for purpose, and they are certainly not fit for measuring amplitude modulation. Taking action for statutory nuisance has been actively advocated by the wind industry and supported by planning inspectors, but the evidence suggests that an abatement notice is not an effective control to protect nearby residents from excessive amplitude modulation. Other remedies, such as taking action for private nuisance and similar legal actions, have been considered, but they place too much risk and burden on residents for a problem that is not of their making, with the likelihood of adverse long-term financial implications In addition, the recent trend is for secondary operators to form individual shell companies for each wind farm. The impact of that was highlighted in July 2015 when my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) introduced a Bill to require wind farm developers to obtain public liability insurance for any nuisance they caused to nearby residents. That was particularly aimed at noise nuisance. One of his constituents had had a problem with noise from a local wind farm, but had found it impossible to sue because the operator was purely a shell company and had very limited assets Of more concern is the effect of amplitude modulation on health. I have read studies demonstrating adequately that wind turbine noise adversely affects sleep and health. It is abundantly clear from evidence examined by a world-renowned expert, Chris Hanning—I asked him to help me, and he worked with the group that I got together—that wind turbine noise adversely affects sleep and health at set-back distances and noise levels that are permitted by the current ETSU noise regulation. There is no reliable evidence—not one single study—that wind turbines are safe at those distances and noise levels. By contrast, an increasing volume of studies and evidence have outlined the contrary. There is a particular concern about the health of children exposed to excessive wind turbine noise. The inadequate consideration of amplitude modulation is a major factor in why I believe that ETSU fails to protect the majority of people who live near wind turbines and why I believe that it needs to be reformed. The wind industry’s denial is reminiscent of other denials of health issues in the past. It could be a very big public health issue I contend that the current noise standard, ETSU-97, is not fit for purpose and I have plenty of evidence to suggest that its methodology is completely incorrect. I do not have to go into that evidence because I am fortunately supported by the findings of a recent Northern Ireland Assembly report in January 2015 on wind energy. The report recommends a review of the use "of the ETSU-97 guidelines on an urgent basis, with a view to adopting more modern and robust guidance for measurement of wind turbine noise, with particular reference to current guidelines from the World Health Organisation." I therefore contend that we need an effective planning condition for amplitude modulation. The wind industry’s claims that an amplitude modulation planning condition is not necessary, and that the legal remedy of statutory nuisance provides adequate protection, are thoroughly discredited by the evidence I have seen and that I have published on my website. Without a planning condition, there is no effective remedy for wind farm neighbours who suffer from excessive noise. The relevance of amplitude modulation in causing noise complaints has driven the wind industry to ensure that a planning condition of that type is not applied as standard planning practice. That is why I raise it today when we are having a conversation about renewables obligation certificates and the planning guidance that goes alongside them as part of our manifesto commitment.