Committee for the Environment Report on the Committee’s Inquiry into Wind Energy Volume 1 Together with the minutes of proceedings and minutes of evidence relating to the report Ordered by the Committee for the Environment to be printed 29 January 2015 This report is the property of the Committee for the Environment. Neither the report nor its contents should be disclosed to any person unless such disclosure is authorised by the Committee. REPORT EMBARGOED UNTIL COMMENCEMENT OF THE DEBATE IN PLENARY Mandate 2011/16 Seventh Report - NIA 226/11-16 Membership and Powers Membership and Powers The Committee for the Environment is a Statutory Departmental Committee established in accordance with paragraphs 8 and 9 of the Belfast Agreement, section 29 of the Northern Ireland Act 1998 and under Standing Order 48. The Committee has power to: ■ Consider and advise on Departmental budgets and annual plans in the context of the overall budget allocation; ■ Consider relevant secondary legislation and take the Committee stage of primary legislation; ■ Call for persons and papers; ■ Initiate inquires and make reports; and ■ Consider and advise on any matters brought to the Committee by the Minister of the Environment The Committee has 11 members including a Chairperson and Deputy Chairperson and a quorum of 5. The membership of the Committee since 9 May 2011 has been as follows: Ms Anna Lo MBE (Chairperson) Ms Pam Cameron (Deputy Chairperson)1 Mr Cathal Boylan Mr Colum Eastwood2 Mrs Sandra Overend3, 4 Mr Alban Maginness5, 6 Mr Ian McCrea7, 8, 9, 10 Mr Barry McElduff11, 12 Mr Ian Milne13, 14 Lord Morrow Mr Peter Weir 1 With effect from 10 September 2013 Ms Pam Cameron replaced Mr Simon Hamilton as Deputy Chairperson 2 With effect from 18 June 2012 Mr Colum Eastwood replaced Mr John Dallat 3 With effect from 23 April 2012 Mr Tom Elliott replaced Mr Danny Kinahan 4 With effect from 04 July 2014 Mrs Sandra Overend replaced Mr Tom Elliott 5 With effect from 23 April 2012 Mrs Dolores Kelly replaced Mr Patsy McGlone 6 With effect from 07 October 2013 Mr Alban Maginness replaced Mrs Dolores Kelly 7 With effect from 20 February 2012 Mr Gregory Campbell replaced Ms Paula Bradley 8 With effect from 01 October 2012 Mr Alastair Ross replaced Mr Gregory Campbell 9 With effect from 07 May 2013 Mr Sydney Anderson replaced Mr Alastair Ross 10 With effect from 16 September 2013 Mr Ian McCrea replaced Mr Sydney Anderson 11 With effect from 08 May 2012 Mr Chris Hazzard replaced Mr Willie Clarke 12 With effect from 10 September 2012 Mr Barry McElduff replaced Mr Chris Hazzard 13 With effect from 07 April 2013 Mr Francie Molloy resigned as a Member 14 With effect from 15 April 2013 Mr Ian Milne replaced Mr Francie Molloy i Report on the Committee’s Inquiry into Wind Energy ii Table of Contents Table of Contents Volume 1 List of abbreviations iv Report Executive Summary 1 Key Conclusions and Recommendations 3 Introduction 7 Background 7 Scope and Terms of Reference 7 The Committee’s Approach 8 Consideration of the Evidence 10 Adequacy of PPS18 10 Wind Turbine Noise 20 Setback (Separation) distance 24 Development of other forms of renewable energy 27 Community Engagement 29 Community benefits 33 Appendix 1 Minutes of proceedings 39 Appendix 2 Minutes of Evidence 71 Volume 2 Appendix 3 Written submissions 241 Volume 3 Appendix 3 Written submissions (continued) 742 Volume 4 Appendix 3 Written submissions (continued) 1077 iii Report on the Committee’s Inquiry into Wind Energy Volume 5 Appendix 4 Departmental papers 1683 Appendix 5 Papers from other Departments 1699 Appendix 6 Research papers requested by the Committee 1843 Volume 6 Appendix 7 Other papers submitted to the Committee 1911 Volume 7 Appendix 7 Other papers submitted to the Committee (continued) 2262 Appendix 8 List of witnesses 2587 iv List of abbreviations List of abbreviations The Minister The Minister for the Environment The Department Department of the Environment AM Amplitude Modulation AONB Area of Outstanding Natural Beauty CIEH Chartered Institute of Environmental Health DETI Department of Enterprise, Trade and Investment DOE Department of the Environment EIA Environmental Impact Assessment ETSU Energy Technology Support Unit EU European Union HSENI Health and Safety Executive Northern Ireland MW Megawatt NIAPA Northern Ireland Agricultural Producers Association NIE Northern Ireland Electricity NIRIG Northern Ireland Renewables Industry Group NREAP National Renewable Energy Action Plans PAD Pre-application Discussion PfG Programme for Government PHA Public Health Agency PPS Planning Policy Statement QUB Queen’s University Belfast RES Renewable Energy Systems SPPS Single Planning Policy Statement ToR Terms of Reference UFU Ulster Farmer’s Union UU University of Ulster v vi Executive Summary Executive Summary 1. This report sets out the key conclusions and recommendations of the Committee for the Environment on its inquiry into wind energy, and the evidence considered by the Committee which led to those conclusions. 2. The terms of reference for the inquiry were: a. To assess the adequacy of PPS18 and related supplementary guidance in regulating proposals for wind turbines on a consistent and strategic basis, with due regard for emerging technologies and independent environmental impact assessment; b. To compare the perceived impact of wind turbine noise and separation distances with other jurisdictions and other forms of renewable energy development; and c. To review the extent of engagement by wind energy providers with local communities and to ascertain how this engagement may best be promoted. 3. The Committee is fully mindful and supportive of the requirement to promote renewable energy, and to meet the Executive’s Programme for Government target for 2011- 2015 which includes a commitment to achieve 20% of electricity consumption from renewable sources by 2015. This inquiry, however, arose in response to the concerns of local residents who have questioned the way in which this target is being achieved through what they believe to be an over-reliance on wind energy. 4. The Committee put out a formal call for evidence on its agreed terms of reference and received a large volume of submissions from a wide range of stakeholders; the issues raised in submissions were followed up with oral evidence sessions on specific aspects of the inquiry. In addition, the Committee appointed a specialist acoustician to provide clarification on technical issues and carried out a fact-finding visit to a wind farm site. 5. The Committee has considered this evidence and has agreed its conclusions and recommendations which are set out in detail in the following section of this report. The Committee has made a number of recommendations to the Department of the Environment, primarily relating to the need for a more strategic approach in the Department’s consideration of planning applications for wind developments, and, in particular, the development of closer liaison between planners at local council level and Strategic Planning Division. 6. The Committee also calls for the ‘economic considerations’ criterion for assessing applications to be clearly defined in relation to renewable energy in the Strategic Planning Policy Statement (SPPS), and for the effectiveness of PPS 18 to be reviewed by the Department to guide future policy and guidance to planners. 7. The Committee found that there were areas where planning procedures could be refined and improved, so that more detailed applications for turbines are submitted; and that planning conditions attached to successful applications should put the onus on developers to demonstrate compliance with noise limits, rather than the burden of investigation of complaints being the responsibility of local councils. 8. The Committee has concluded that the Department also needs to put procedures in place to clearly define when the concentration of wind farms sited in an area reaches saturation point, and to specify how planners should address such a situation. The Department should also review the guidelines for neighbour notification in the case of planning applications for wind turbines, with a view to extending the distance from the current 90m radius. 9. While the Committee has not made any specific recommendation for planners to take into account any potential adverse impact of wind turbines on the physical or psychological health of those living nearby, the Committee concluded that any significant evidence of such an 1 Report on the Committee’s Inquiry into Wind Energy impact should be given serious consideration in assessing an application for the siting of a wind turbine. 10. The issue of wind turbine noise was the most contentious aspect of the inquiry. The wind industry is of the view that the current guidelines (ETSU-97) are adequate for regulating noise limits, but other stakeholders overwhelmingly cited this as their most pressing area of concern. After considering the evidence from its specialist advisor, the Committee agreed that the use of the ETSU-97 guidelines should be reviewed on an urgent basis by the Department and that more appropriate guidance should be put in place. 11. The Committee has also recommended that the Department should establish procedures for monitoring wind turbine noise on an on-going basis and should work to establish independent research evidence on the long-term impact of this noise. 12. The issue of the separation distance of wind turbines from dwellings was carefully considered by the Committee. Although it appears that this distance relates more to visual amenity than to restriction of the noise impact, the Committee has recommended that the Department should specify a minimum separation distance, rather than simply advising that 500m will generally apply, as is currently the situation. 13. During the course of its inquiry the Committee has received assurances from developers and the Department that wind turbines are generally a safe form of technology, but the recent collapse of a turbine in Tyrone has led to a recommendation that any lessons learned from the investigation which is currently on-going should be implemented as soon as possible.