RENEWABLE Energy Systems Ltd (RES), has welcomed the ruling by a High Court Judge to dismiss a challenge to the discharge of the AM Noise Condition at the Den Brook Wind Farm, which is to be built between Bow, North Tawton and Spreyton.

Judicial Review proceedings were lodged by local resident Mr Mike Hulme, a leading member of the Den Brook Judicial Review Group, against West Devon Borough Council, calling into question the way in which the council had discharged the noise condition.

As the developer of Den Brook Wind Farm, RES has been an interested party in the case.

Commenting on the judge's decision, Jon Knight, RES project manager, said: "We are pleased that the judge has dismissed this attempt to cause delay to the discharge of the noise condition at Den Brook Wind Farm.

"It is very disappointing that Mr Hulme has decided to resort to the courts again, particularly as he was party to the discussions between RES, West Devon Borough Council officers and ISVR, the council's appointed noise consultant, when the noise condition methodology was being developed.

"His grounds for the challenge were of a purely legal and procedural nature: they did not seek to alter the way in which the condition would protect local people in the unlikely event that a noise issue arose.

"We are delighted that the judge has entirely vindicated West Devon Borough Council and their officers, who have worked so hard to find a practical and reliable means of measuring noise at the wind farm.

"Work has already started on site and we will keep people informed of the construction schedule for the wind farm and the associated new road junction at Whiddon Down."

The judgment was given orally at the High Court in London following a two-day hearing in Bristol this month.

'POTENTIAL

JEOPARDY'

Neighbours surrounding the Den Brook Wind Farm site say they are "both shocked and dismayed" at developer RES's "triumphing over West Devon Borough Council's agreement to the watering down of planning conditions for controlling Excess Amplitude Modulation (EAM) noise".

Mr Hulme commenting after the judgement, said: "The unpalatable fact remains that the Den Brook neighbourhood is now at significant risk from EAM noise intrusion."

Commenting further on this latest development, Mr Hulme, observed it to be RES's third foray for expressly reducing what the neighbourhood believes are "essential and necessary noise controls" that were specifically imposed when planning permission was granted almost five years ago.

He said: "Frankly, we are bitterly disappointed that our own local planning authority has placed the entire neighbourhood in such potential jeopardy."

Evidence submitted to the court by experts acting on behalf of the Den Brook Judicial Review Group demonstrated how, when tested with real-world EAM noise impact data, the council-approved noise measurement scheme filters out and thus excludes significant periods of EAM noise intrusion from the appropriate assessment necessary to ensure the wind turbines operate in compliance with the requirements upon which planning permission was granted.

Challenged with the empirically tested evidence, neither RES nor the council's expert consultants opposed the findings.

The Den Brook Judicial Review Group says it is considering its position in relation to the judgment but in any event advises all householders within at least a 2.3 km vicinity of Den Brook to ensure their home insurance incorporates maximum legal expenses' cover for the event that legal action against noise nuisance should be required due to this loss of adequate planning based noise controls.

A spokesman for West Devon Borough Council said: "A resident living near to an approved site for nine wind turbines at Den Brook, North Tawton challenged the council's decision to approve a scheme by which the noise generated by the wind turbines can be assessed, on the basis that the council had acted unlawfully and unfairly.

"The scheme is required as part of the planning conditions regulating the development.

"Following two days of legal argument in the High Court sitting in Bristol, Mr Justice Supperstone gave his judgement in the Royal Courts of Justice, London on Friday, November 7. The application by the claimant was dismissed.

"The council was entitled to rely on the expert evidence provided to it and therefore the council had not acted unlawfully.

"The council had also made it clear to the claimant the nature and extent of his involvement in the process.

"He had fully participated in meetings with the council and the developer prior to the completion of the scheme, there were no exceptional circumstances and the claim that the council had acted unfairly was not made out.

"The claimant was given 21 days in which to seek leave to appeal to the Court of Appeal."

RES say that once operational, the Den Brook Wind Farm will generate sufficient renewable electricity to meet the average needs of more than 9,500 UK homes and deliver community benefits worth £90,000 per year; including RES' Local Electricity Discount Scheme (LEDS), which offers properties within 2.3 km of the turbines an annual discount of £108 off their electricity bills.

The wind farm gained full planning consent in 2009.

RES says this latest procedural challenge does not alter the planning permission or prevent the wind farm being constructed.

However, government grant funding restrictions may significantly delay or mean the building of the wind farm does not happen.

RES was recently found guilty by the Advertising Standards Authority of publishing false claims about the amount of power the wind farm would provide, if built.

Alan Quick