Gaoithe Saor Teoranta

Barrowford, Athy, Co. Kildare

Tel: 059 8634570 Fax: 059 8634571 email:

Wind Submissions,
Planning Section,
Department of the Environment, Community and Local Government,
Custom House,
Dublin 1.

21st February 2014

By email to:

Re: Response to Wind Energy Guidelines Focused Review: Draft statutory guidelines.

Dear Planning Section,

Gaoithe Saor Teo is a family owned wind energy business that manages and developes windfarms. It is one of the oldest wind energy companies in the country.

We welcome the opportunity to respond to the DoECLG public consultation on theWind Energy Guidelines Focused Review: Draft statutory guidelines. We support the IWEA response to this consultation, and would like to reiterate that clear planning guidance is crucial to ensure community confidence in the consistent standards being applied, and provide a stable policy framework to allow the industry, which now employs over 3400 people to make the clear and necessary progress towards our 2020 targets.

We support the positions taken by IWEA and would like to reiterate the following points:

  • We believe that the scale of the response proposed by the Department stands disproportionately with the lack of evidence of issues actually being encountered under the current guidelines, despite there being over 2GW of wind energy now operating in Ireland
  • The proposed use of an absolute 40dBA day and night noise limit is unnecessary, unsubstantiated and wholly conservative. It is not clear how this figure has been arrived at, as the setting of such a limit is out of line with the findings of the Marshall Day study. We also believe the Irish approach as proposed in the Proposed Revisions is grossly out of step with International and particularly European approaches, and will if implemented be severely detrimental to continuing viable wind development in Ireland.

While strongly suggesting that the existing noise framework be retained, we propose that if the Department is minded to change to a 40dB limit that it should be 40dB LA90 10min, or a maximum increase of 5dB(A) above background noise (whichever is greater). The criterion should be assessed for both day (07:00 to 23:00hrs) and night time (23:00 to 07:00hrs) periods. This approach would be in line with the UK best practice under ETSU-R-97.

  • There is a concern that a setback distance if it is to be established must include a clear limitation from the turbine to the receptor as per Irish industrial norms. As currently proposed the Guidelines would include an ill-defined “curtilage” and “special amenity” area which could cause confusion for planners and developers, and possibly lead to increased setback distances. We propose that if it is to be maintained, the concept of “curtilage” be more strictly defined to a radius of 20m for planners in line with international best practice under the UK best practice standard ETSU-R-97 Assessment and Rating of Noise from Wind Farms[1]and the IOA Good Practice Guide on Wind Turbine Noise[2].
  • An absolute exclusion on shadow flicker as proposed would be un-implementable for wind farm developers as the prospect of shadow flicker for even a short period of time in a year would provide cause for issue which is wholly unreasonable. We ask that the International recommended limits for shadow flicker of 30 hours per year or 30 minutes per day for receptors within 500 metres which have proven effective in Ireland and internationally are maintained. We suggest a strict planning condition provision ensuring wind farm developers bring forward rapid remedy in the extremely rare situations where an issue should arise.
  • While welcoming the proposed flexibility, greater certainty and clarity on exceptions there are three points we would like to raise:
  1. Firstly exceptions to the noise limits should be clarified in line with the UK best practice ETSU–R-97 Guidelines on noise limits for persons with a financial involvement.
  2. Secondly exceptions to the setback limit should be explicitly mandated under the Guidelines replacing “may” to “will” in the first line of the text on page 8.
  3. Thirdly in line with the approaches taken under noise and setback for there to be the possibility of a similar exception to be provided for in the rare situation of shadow flicker arising.

Finally, we have large practical questions of how compliance will be assessed at pre-application (rather than pre-construction) and call for this detail to be fully consulted on along with the necessary appendices vital to allow for clear and factual scrutiny of the evidential and factual detail on which the Proposed Revisions rest.

In conclusion we would like to thank Department for the opportunity to engage on this issue and to highlight the particular importance of this consultation given the significant implications it has for the continued viability of the wind sector.

Yours sincerely

*sent by email, requires no signature

______

Sheila Layden,

Managing Director

Directors: Sheila Layden, Anita Layden

Registered Office: Barrowford, Athy, Co. Kildare

Registered in Ireland – Number 193404

[1]

[2]