A DECISION on whether to remove a planning condition on a windfarm
development that could protect residents from unacceptable levels of
noise has been deferred to look at alternative legal safeguards.
Banks
Renewables applied to Darlington Borough Council to remove a condition
about the prevention and monitoring of amplitude modulation (AM), a
noise side effect of some windfarms, at its six-turbine development at
Moor House, on the outskirts of Darlington.
The council's
planning committee agreed to delay a decision to allow officers to work
with the company to see if it is possible to agree an alternative
legally-binding document that governs how potential AM complaints would
be dealt with.
Residents from a number of villages in the area,
which has not yet started construction, spoke against the bid to remove
the condition, which they claim will leave them without legal protection
should AM occur.
AM is a rare noise sound effect detected at
some UK windfarms and can produce an intermittent, low-level thudding
noise in certain conditions.
The company argued that the planning
condition is redundant because there is no legal definition of AM and
how to prevent it, and that its environmental management plan (EMP),
which covers all aspects of how the windfarm will operate, offers the
legal protection both residents and the council want.
Planning
officer Roy Merritt said the council had received legal advice that the
condition is not enforceable as it stands, but that as the EMP is
currently written, it too would not be legally enforceable.
Mark
Dowdal, a representative for Banks, said the company was willing to
rewrite the EMP to satisfy concerns about AM. He said: "We will work
with council officers to agree a plan that will be reviewed each year.
"It
will provide an agreed method of investigating and dealing with any
noise complaints."The council will have a legally binding agreement in
place for dealing with any concerns raised by residents."
Peter
Wood, who spoke on behalf of the Seven Parishes Action Group, called for
the council to rewrite the AM condition to make it legally enforceable
instead of removing it.
Committee chairman Paul Baldwin proposed
that the condition be removed, subject to a revised EMP that must be
agreed by the committee at a later date, and found to be legally
binding.
"The reality is we do not have a real complex, Rube
Goldberg type of technology here," he said. "When you tell people about
this technology, it makes sense."
The company hopes to launch
into the competitive wind market soon after the Guernsey project
provides some results. Among the concepts the company could later bring
to the market is transporting their compressed gas for miles via a
pipeline, again capitalizing on oil and gas technology to strengthen
wind.
In the meantime, Byrne said he and his company support
every form of wind, hydraulic or electromechanical, transported via
pipeline or high-voltage direct current lines.
"We're definitely
not competition" to existing wind projects, he said. "Scrapping the
current grid and using our technology — it's not an option. We're more
complementary."
Winhyne has and continues to reach out to planned
wind projects around the state. Although some of the company's first
projects could certainly be outside Wyoming, Byrne — a Wyoming native —
said he's loyal to his home state and hopes to help it as he can.
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