Judicial Review Group serves Notice on RES

May 26, 2015

The Den Brook Judicial Review Group (DBJRG) regrets that the need has arisen to publicly issue the Den Brook wind farm developer, Renewable Energy Systems (RES), with a pre-action protocol Notice of Intent to establish both audible EAM and sub-audible infra-sound noise monitoring.

The need has arisen due to continued disingenuous responses and malfeasant submissions from the developer and its agents. This has been the case throughout DBJRG’s longstanding efforts for obtaining effective conditions and controls to properly protect neighbours against Excessive Amplitude Modulation (EAM) noise impacts from the proposed wind turbine development.

It is further regretted that financial investment and support for the project may become compromised through implications flowing from service of the pre-action protocol Notice.

Monitoring is to be professionally established on behalf of the DBJRG similar to the model currently in action at the Cotton Farm wind farm in Huntingdonshire (1). Live, 24/7 audio recordings and interactive noise charts will be made available and accessible to all through a dedicated website.

All breaches of condition assessed in accordance with the Den Brook planning approval’s condition 21 Written Scheme alongside assessment directly according with the EAM parameters established by condition 20 will be logged thus enabling world-wide scrutiny of the proposed 9 x 120m Den Brook wind turbines.

Moreover, if, as suspected, the condition 21 Written Scheme fails to trigger measures to address and mitigate EAM contrary to condition 20, the matter will continue to be pursued with vigour.

DBJRG holds the view that recently adopted proposals from developer RES in terms of EAM noise compliance testing are significantly flawed. Furthermore, such flaws not only ominously and materially prejudice neighbours of the proposed Den Brook wind farm and hold serious implications in relation to Article 8 of the Human Rights convention, but fly directly in the face of an extant 2011 Court of Appeal ruling (2).

Further details: A full copy of the Notice served this day, 26 May 2015, on RES together with detailed background information can be downloaded from the link below:
Notice of Intent to carry out noise monitoring_redacted – 26May2015

References:
(1) See: http://www.masenv.co.uk/~remote_data/
(2) Neutral Citation Number: [2011] EWCA Civ 638, dated 26 May 2011

Dedicated Website: www.denbrookvalley.co.uk

Mike Hulme
Den Brook Community Liaison Group
UK Independent Noise Working Group
Den Brook Judicial Review Group