“To the north of the Appeal Site is open moorland beyond which is the A543 which leads Denbigh to the A5 in the south. The Appeal Site is bounded to the east by upland farmland, to the south by an unclassified road linking Nantglyn to the B4501 and to the west by further coniferous plantation, beyond which is the Llyn Bran reservoir. The Appeal Site is approximately 290 ha in area and is situated at an elevation between 400m and 518m Above Ordinance Datum (“AOD”) which is the highest point in the immediate vicinity. However the turbines forming part of the proposed wind farm would be located below the 500m contour. The Appeal Site is presently covered in coniferous forest, the felling of which will be necessitated by the construction of a proposed wind farm.”
“40. Policy MEW 10 of the Denbighshire Unitary Development Plan deals, specifically, with wind power. It is in the following terms:- Wind turbines or wind farms, including any ancillary associated developments, will be permitted provided that: ...iii) the proposal will not unacceptably harm the character and appearance of the landscape especially the AONB, AOB, LLA’s, Historic Landscape or the Snowdonia National Park; iv) the proposal does not lead to unacceptable noise levels to residential amenity in the surrounding areas; ... vii) the proposal would not lead to an unacceptable cumulative visual impact in an area where zones of visibility overlap, particular attention would be paid to the potential effects of a proliferation of such developments in any one area; viii) the proposal does not cause unacceptable harm to the enjoyment of the landscape for recreational and tourism purposes ...”
“At the Welsh level I attach most weight to TAN 8 and the associated Ministerial statements. This site is located within Strategic Search Area A (SSA A) where one might expect large scale wind energy projects to be concentrated. This aspect carries considerable weight. SSA A has been the subject of further detailed study by Arup. I attach significant weight to the findings of that study which suggest that the appeal site performs well when compared to many other sites within SSA A. However not all sites within SSAs will be suitable. I must weigh the advantages of renewable energy from this proposal against any harmful effect of the proposal in judging this particular case on its merits, having regard to the Development Plan and the other material considerations.”
“13. Mr Roden’s evidence included an assessment of the visual impact on most dwellings closest to the turbines together with representative assessments of the effect on groups of dwellings such as at Soar and Bylchau. He accepted that they were a representative selection identified off the ordnance survey map. It is perhaps unfortunate that the assessment omitted Nant Glyn, the second closest dwelling to the east. However I identified several other dwellings close to the site which were not included. These included the new bungalow on the approach track to Ty Newydd, Pennant Isa and the farm house on the lane leading up to Pen Y Lon. I was not trying to identify every dwelling which might not be affected but trying to assess the general level of visual impacts over a range of properties. However I came to the conclusion that this area contains a relatively large number of dwellings scattered across the countryside to the north and east of the site which would experience significant visual effects from the proposal. 14. In terms of those effects becoming such that they would be unacceptably overbearing to residents I consider that they include the following properties; Wern Uchaf, Nant Gwyn, Rhiwiau, Cwm-y-rhinwedd, Pennant Isa, Nant-y-Garreg, Nant-y-Lladron, the Bungalow at the garage on the A543, the Sportsmans Arms, and the new bungalow on the approach to Ty Newydd. From at least all these properties the views of the turbines would be such that the presence of such large turbines located on the elevated appeal site would be overbearing. 15. The cumulative effect of this proposal together with the existing and consented turbines would result in the local community having the appearance of becoming increasingly surrounded by turbines on all the high ground to the south and west. I consider that this proposal would be in conflict with UDP policy MEW10 criteria (vii).”
“21. Turning to the more general effects of noise on the amenity of local residents I have no doubt that these turbines could, with the suggested, conditions, operate within or at the levels suggest in ETSU 97. These are the standards normally applied in Wales, however they are for guidance and are not absolute vales. The problem is that those noise levels do not mean that the turbines cannot be heard. Local residents gave a clear account of the noise from the existing turbines which they currently experience. Some of the descriptions may have been a little colourful but they do indicate a level of nuisance which is experienced and which would not normally trigger a breach of the planning conditions on Tir Mostyn. 22. The experience of the noise is affected by the wind direction. On my visits in the area on the Thursday and Friday I experienced the difference as a result in the change of the wind direction. On the Thursday the wind was blowing towards the turbines from the dwellings in the valley opposite and I could not hear them. On the Friday the wind was blowing in the opposite direction and I could hear the turbines in a variety of locations where there was no other noise source. The consented Brenig turbines together with any at Clocaenog generally lie to the south of most of the neighbouring dwellings in the valley and to the south west of Nantglyn village centre. This means that any additional cumulative noise impact will be experienced when the wind blows from a southerly direction. 23. Gorsedd Bran lies to the west and south west of the dwellings most affected by Tir Mostyn noise. This means that the prevailing wind would introduce additional noise to the same dwellings when they might currently expect not to hear the existing turbines. This would significantly increase the general noise nuisance experienced by a significant number of local residents. This cumulative increase in noise, whilst likely to be within ETSU 97 levels, would result in a level of harm which would conflict with UDP policy MEW10 criteria (iv).”
“This report describes the findings of a Working Group on Wind Turbine Noise. The aim of the Working Group was to provide information and advice to developers and planners on the environmental assessment of noise from wind turbines. While the DTI (now BERR) facilitated the establishment of this Noise Working Group this report is not a report of Government and should not be thought of in any way as replacing the advice contained within relevant Government guidance. The report represents the consensus view of the group of experts listed below who between them have a breadth and depth of experience in assessing and controlling the environmental impact of noise from wind farms. This consensus view has been arrived at through negotiation and compromise and in recognition of the value of achieving a common approach to the assessment of noise from wind turbines.”
“The suggested noise limits and their reasonableness have been evaluated with regard to regulating the development of wind energy in the public interest. They have been presented in a manner that makes them a suitable basis for noise-related planning conditions or covenants within an agreement between a developer of a wind farm and the local authority.”
“The report presents the findings ... and makes a series of recommendations that can be regarded as relevant guidance on good practice.”
“The Noise Working Group is of the opinion that absolute noise limits and margins above background should relate to the cumulative effect of all wind turbines in the area contributing to the noise received at the properties in question. It is clearly unreasonable to suggest that, because a wind farm has been constructed in the vicinity in the past which resulted in increased noise levels at some properties, the residents of those properties are now able to tolerate higher noise levels still. The existing wind farm should not be considered as part of the prevailing background noise.”
“2.3 SSAs have been identified through a variety of means as outlined below in paragraphs 2.4-2.9 and in the Arup Final Report 2004. This approach addresses the issue of location of onshore wind facilities at a strategic all-Wales level. Local planning authorities are best placed to assess detailed location requirements within and outside SSAs in the light of local circumstances. Strategic Search Areas (SSAs) 2.4 The 7 Strategic Search Areas (SSAs) are shown on Maps 1-8 [Clocaenog Forest is situated within SSA 8]. The SSA boundaries are at a ‘broad brush’ scale. Not all of the land within the SSAs may be technically, economically and/or environmental suitable for major wind power proposals; however the boundaries are seen as encompassing sufficient suitable land, in one or more sites, to deliver the Assembly Government’s energy policy aspirations. It is a matter for local planning authorities to undertake local refinement within each of the SSAs in order to guide and optimise development within each of the areas. […]”
“There is an emerging best practice approach within the onshore wind industry of siting development a minimum of 500m from residential properties (for noise/amenity and safety reasons).”
“36. The reasons for a decision must be intelligible and they must be adequate. They must enable the reader to understand why the matter was decided as it was and what conclusions were reached on the ‘principal important controversial issues’, disclosing how any issue of law or fact was resolved. Reasons can be briefly stated, the degree of particularity required depending entirely on the nature of the issues falling for decision. The reasoning must not give rise to a substantial doubt as to whether the decision-maker erred in law, for example by misunderstanding some relevant policy or some other important matter or by failing to reach a rational decision on relevant grounds. But such adverse inference will not readily be drawn. The reasons need refer only to the main issues in the dispute, not to every material consideration. They should enable disappointed developers to assess their prospects of obtaining some alternative development permission, or, as the case may be, their unsuccessful opponents to understand how the policy or approach underlying the grant of permission may impact upon future such applications. Decision letters must be read in a straightforward manner, recognising that they are addressed to parties well aware of the issues involved and the arguments advanced. A reasons challenge will only succeed if the party aggrieved can satisfy the court that he has genuinely been substantially prejudiced by the failure to provide an adequately reasoned decision.”
“38. Mr Taylor made a detailed critique of the reasoning of the Inspector and the Secretaries of State on the noise issues. While the degree of technical detail to which he descended was unusual for a legal challenge of this kind, I accept that to a large extent it was necessary to set the groundwork for his submissions of principle. Indeed, it was part of his case that noise is a technical subject, which parties are encouraged by Government policy guidance to approach with the benefit of technical advice and according to established criteria. Thus for example, PPG 24 Annex 3 gives specific guidance on the assessment of noise from aircraft and invites those concerned to seek technical advice on the applicable indices and noise contours from the Department of Transport and the Civil Aviation Authority. Thus, in this case the main parties were assisted by technical witnesses, and the Inspector had the assistance of a technical assessor to evaluate the evidence. This no doubt is a recognition that the subjective reactions of individuals to the prospect of an airport use, based on their experiences elsewhere, may not be a very objective or reliable way of judging the matter, and that there are now well developed and tested means of reaching an evaluation.”
“44. I have considerable sympathy with Mr Taylor's general point, and his comments on the individual points I have mentioned. Given the time and expense on technical noise evidence, which attempted to follow the guidance in PPG 24 and other official advice, it is unsatisfactory that at the end of the day it is not clear how the conclusions of the Secretaries of State relate to that guidance or to the technical evidence based on it. 45. Mr Taylor's difficulty however, is to convert this into a point of law, or to show that it would have affected the ultimate decision. It is clear that as a matter of law, the Secretaries of State and the Inspector were entitled to reach their own conclusions on the noise issue, even though that might conflict with the technical evidence before them. It seems to me highly desirable, as a matter of policy and practice, that the Inspector and the Secretaries of State should follow the framework established by the technical guidance and evidence. But I know of no principle of law which says that they are bound by that approach. This point was forcibly expressed by Forbes J in Westminster Renslade Ltd -v- Secretary of State[1983] 48P&CR 255 , 263. He was there referring to the Inspector's conclusion, contrary to the appellants' technical evidence, that: ‘the subjective reaction of the people affected would be quite out of proportion to the increase in noise level’. He said: ‘One asks oneself why on earth an expert planning inspector should not have come to that conclusion perfectly properly, even if he had every single noise expert in the country ranged on the appellants' side. It does not seem to me that he is saying that there is necessarily going to be a tremendous lot of noise; he is putting it squarely on the point that this is a deprived area in the sense that it is an area that is now deprived of any form of silence and that if one intrudes more noise into that sort of environment one must expect people to react pretty sharply. It seems to me that that is a perfectly proper view for an informed inspector to take, so, in my view, he was entitled to take the view that he did take.’ 46. Although that case was not specifically referred to in argument before me, it expresses an approach which, in my view, is unassailable as a matter of law.”
“...this proposal would be in serious conflict with the appropriate UDP policy. The benefits of the provision of renewable energy would not outweigh the benefits I have identified. The imposition of conditions would not overcome those strong planning objections.”
“It is on the basis of my personal visits to the area that I made my judgments on the effect of the proposal ...”
“63. I am not persuaded that there is a base-line principle operating with the inflexibility suggested by Mr Norris when the issue of noise is under consideration either by a local planning authority or an Inspector upon appeal. Ultimately, a planning judgment has to be made about objections to a proposed development which relate to the noise generated by that development. However, as is clear both from TAN 8 itself and from policy MEW 10(iv) an objection to a proposed wind farm situated within an SSA which is based upon noise can only be justified if an Inspector reasonably concludes that the noise levels associated with the proposed development will be unacceptable. ...68. In my judgment the Inspector is clearly correct when he says (as he does in paragraph 21 of the decision letter) that the indicative noise levels set out in ETSU-R-97 are guidance not absolute values. That is the clear effect of paragraph 2.16 of TAN 8. It follows that there may be circumstances in which it is open to a local planning authority or an Inspector to conclude that noise levels associated with a wind farm are unacceptable notwithstanding compliance with ETSU-R-97. However, on the basis of that which is set out in the decision letter, the Inspector's statement in these proceedings and the documentation put before me, my tentative view is that this conclusion is not justified. On that basis it would be my duty to hold that the Inspector had reached a decision on the issue of noise which was unreasonable in the Wednesbury sense.”
“... result in the local community having the appearance of becoming increasingly surrounded by turbines on all the high ground to the south and west.”
“Luckily, our prevailing wind is southerly, meaning that only when southerly wind blows we experience nuisance. The Gorsedd Bran site is to our southwest, i.e. the direction from which the wind blows most frequently. We know that should these turbines be approved, we will be subject to many more days and nights of disturbance. We therefore object strongly to the application.”