Den Brook Wind Farm
Encyclopedia
Den Brook Wind Farm is a proposed windfarm
in Devon
, England
. The windfarm will be located 2 kilometres (1.2 mi) south-east of North Tawton
and 2.5 kilometres (1.6 mi) south-west of Bow
, and will comprise nine wind turbine
s, each 120 metres (393.7 ft) high. Developer Renewable Energy Systems
(RES) received planning consent for the project in December 2009, following a long planning process which included two public inquiries
and a judicial review
.
RES initially put forward proposals for a windfarm at Den Brook in 2004, and in response the Den Brook Valley Action Group was established to oppose the plan. A key concern was the potential impact of noise on local residents. In 2006, West Devon Borough Council
refused planning permission for the scheme, but RES appealed, and consent was granted in early 2007 following a public inquiry. Still concerned about noise issues, local residents the formed Den Brook Judicial Review Group which pursued a judicial appeal. This resulted in the inquiry decision being overturned, and a second public inquiry was held in October 2009, following which permission was once more granted, subject to a number of planning conditions. A second legal challenge was rejected in August 2010. In 2011, the windfarm was the subject of a television documentary series, Windfarm Wars, broadcast by BBC Two
, which followed the history of the project.
mast to measure wind speed, and undertook background noise
monitoring.
, and from 2,915 objection letters, all citing grounds including visual impact, noise, and residential amenity. Dartmoor National Park and the Dartmoor Preservation Association
also objected, as the site is located around 5.5 kilometres (3.4 mi) from the national park boundary. 71 letters of support were also received. WDBC planning officers recommended refusal of planning permission, on the grounds of visual impacts, and potential impacts on the historic environment. On 31 January 2006 the council voted to accept the recommendation, and refused planning permission.
Four months later, RES announced their intention to appeal to the Planning Inspectorate
against the decision, and to seek a public inquiry
. The inquiry was held in November 2006, at which the appeal was opposed by representatives of WDBC and DBVAG. In February 2007 the appeal was allowed by the planning inspector, and planning permission granted.
from the turbines. A key concern was the potential for sleep disturbance due to a phenomenon known as amplitude modulation. This form of noise, which has been reported at a small number of windfarm sites, is poorly understood.
DBJRG launched an appeal, under Section 288 of the Town and Country Planning Act 1990
, to the High Court
, which was heard in March 2008 by Justice Mitting. A key issue was the refusal of RES to release the background noise data to Mr Hulme, to allow independent analysis. Although he criticised the approach taken by RES, Justice Mitting refused to overturn the result of the inquiry, since the planning inspector had not made a legal error in coming to his decision. In May, RES released the noise data, and errors were subsequently discovered by DBJRG, although RES denied that they were significant. DBJRG then took their case to the Court of Appeal
, and permission to appeal was granted in June 2008. To avoid the need for another court hearing a consent order
was agreed between DBJRG and the Secretary of State for Communities and Local Government
(the defendant in the case), which had the effect of overturning the planning inquiry, and returning the matter to the Planning Inspectorate.
Following the decision, a second judicial appeal was launched by Mike Hulme, which challenged the validity of the planning conditions and claimed that the wording of the noise conditions rendered them ineffective. The case was heard by Judge Frances Patterson QC
in July 2010. All ten grounds of the challenge were rejected by the judge in her decision. Hulme went on to lodge an appeal against this decision, which was dismissed by the Court of Appeal in May 2011. Meanwhile, RES have been seeking agreement with WDBC on how the planning conditions will be met.
commissioned a documentary on the development of Den Brook Wind Farm shortly after the inception of the project. Including face-to-face interviews with a number individuals concerned with the windfarm, it focused primarily on Rachel Ruffle, project manager for RES, and Mike Hulme, local resident and member of DBJRG. Initially conceived as a single film, it developed into a series as the planning process became more and more protracted. The timescale also consumed most of the programme budget, with producer Jeremy Gibson eventually completing the films as a solo project. The series was first broadcast in May and June 2011.
WindFarm
WindFarm is wind energy software used to analyse, design, optimise and visualise wind farms. It calculates and optimises the energy yield subject to natural, planning and engineering constraints. WindFarm has the wind modelling software MS-Micro integrated. MS-Micro is based on the same...
in Devon
Devon
Devon is a large county in southwestern England. The county is sometimes referred to as Devonshire, although the term is rarely used inside the county itself as the county has never been officially "shired", it often indicates a traditional or historical context.The county shares borders with...
, England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
. The windfarm will be located 2 kilometres (1.2 mi) south-east of North Tawton
North Tawton
North Tawton is a small town in Devon, England, situated on the river Taw.-History:The Romans crossed the River Taw at what is now Newland Mill, a little outside the present town, and established a succession of military camps there over the years...
and 2.5 kilometres (1.6 mi) south-west of Bow
Bow, Devon
Bow is a village and civil parish in the Mid Devon district of Devon, England, about 8 miles west of Crediton. According to the 2001 census it had a population of 1,093. There is an adjoining hamlet of Nymet Tracey which shares a church with Bow and much common history.-History:There is a 3rd...
, and will comprise nine wind turbine
Wind turbine
A wind turbine is a device that converts kinetic energy from the wind into mechanical energy. If the mechanical energy is used to produce electricity, the device may be called a wind generator or wind charger. If the mechanical energy is used to drive machinery, such as for grinding grain or...
s, each 120 metres (393.7 ft) high. Developer Renewable Energy Systems
Renewable Energy Systems
The RES Group is a UK-based renewable energy project developer. Its core business is to develop, construct and operate large-scale, grid-connected renewable energy projects worldwide. As part of the Sir Robert McAlpine group, RES is active in the wind, biomass and solar energy sectors...
(RES) received planning consent for the project in December 2009, following a long planning process which included two public inquiries
Public inquiry
A Tribunal of Inquiry is an official review of events or actions ordered by a government body in Common Law countries such as the United Kingdom, Ireland or Canada. Such a public inquiry differs from a Royal Commission in that a public inquiry accepts evidence and conducts its hearings in a more...
and a judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
.
RES initially put forward proposals for a windfarm at Den Brook in 2004, and in response the Den Brook Valley Action Group was established to oppose the plan. A key concern was the potential impact of noise on local residents. In 2006, West Devon Borough Council
West Devon
West Devon is a local government district and borough in Devon, England. Towns in the district include Chagford, Okehampton, Princetown, and Tavistock, where the council is based....
refused planning permission for the scheme, but RES appealed, and consent was granted in early 2007 following a public inquiry. Still concerned about noise issues, local residents the formed Den Brook Judicial Review Group which pursued a judicial appeal. This resulted in the inquiry decision being overturned, and a second public inquiry was held in October 2009, following which permission was once more granted, subject to a number of planning conditions. A second legal challenge was rejected in August 2010. In 2011, the windfarm was the subject of a television documentary series, Windfarm Wars, broadcast by BBC Two
BBC Two
BBC Two is the second television channel operated by the British Broadcasting Corporation in the United Kingdom. It covers a wide range of subject matter, but tending towards more 'highbrow' programmes than the more mainstream and popular BBC One. Like the BBC's other domestic TV and radio...
, which followed the history of the project.
Planning history
RES initially publicised two alternate proposals for Den Brook in 2004: a scheme of ten 100 metres (328.1 ft) turbines; and a scheme of 19 80 metres (262.5 ft) turbines. Following consultation, a layout of nine 120 metres (393.7 ft) turbines was developed. Also in 2004, RES erected an anemometerAnemometer
An anemometer is a device for measuring wind speed, and is a common weather station instrument. The term is derived from the Greek word anemos, meaning wind, and is used to describe any airspeed measurement instrument used in meteorology or aerodynamics...
mast to measure wind speed, and undertook background noise
Background noise
In acoustics and specifically in acoustical engineering, background noise or ambient noise is any sound other than the sound being monitored. Background noise is a form of noise pollution or interference. Background noise is an important concept in setting noise regulations...
monitoring.
Planning application
By April 2005, Den Brook Valley Action Group (DBVAG) had been formed, and was flying a balloon at the site to mark the height of the proposed turbines. The planning application was submitted to West Devon Borough Council (WDBC) in November 2005. Objections to the proposal came from the Campaign to Protect Rural England, Mid Devon District CouncilMid Devon
Mid Devon is a local government district in Devon, England. Its council is based in Tiverton.The district was formed under the Local Government Act 1972, on 1 April 1974 by the merger of the borough of Tiverton and Crediton urban district together with Tiverton Rural District, and Crediton Rural...
, and from 2,915 objection letters, all citing grounds including visual impact, noise, and residential amenity. Dartmoor National Park and the Dartmoor Preservation Association
Dartmoor Preservation Association
The Dartmoor Preservation Association, or DPA, was founded in 1883. It is a charity, which provides an independent viewpoint on the current issues affecting Dartmoor and performs valuable conservation work on archaeological sites...
also objected, as the site is located around 5.5 kilometres (3.4 mi) from the national park boundary. 71 letters of support were also received. WDBC planning officers recommended refusal of planning permission, on the grounds of visual impacts, and potential impacts on the historic environment. On 31 January 2006 the council voted to accept the recommendation, and refused planning permission.
Four months later, RES announced their intention to appeal to the Planning Inspectorate
Planning Inspectorate
The Planning Inspectorate for England and Wales is an executive agency of the Department for Communities and Local Government of the United Kingdom Government. It is responsible for determining final outcomes of planning and enforcement appeals and public examination of local development plans...
against the decision, and to seek a public inquiry
Public inquiry
A Tribunal of Inquiry is an official review of events or actions ordered by a government body in Common Law countries such as the United Kingdom, Ireland or Canada. Such a public inquiry differs from a Royal Commission in that a public inquiry accepts evidence and conducts its hearings in a more...
. The inquiry was held in November 2006, at which the appeal was opposed by representatives of WDBC and DBVAG. In February 2007 the appeal was allowed by the planning inspector, and planning permission granted.
Judicial review
In March 2007, the Den Brook Judicial Review Group (DBJRG) was formed by local residents. Headed by Mike Hulme, whose property was one of the closest dwellings to the proposed site, the group came together over concerns regarding the potential for noise pollutionNoise pollution
Noise pollution is excessive, displeasing human, animal or machine-created environmental noise that disrupts the activity or balance of human or animal life...
from the turbines. A key concern was the potential for sleep disturbance due to a phenomenon known as amplitude modulation. This form of noise, which has been reported at a small number of windfarm sites, is poorly understood.
DBJRG launched an appeal, under Section 288 of the Town and Country Planning Act 1990
Town and Country Planning Act 1990
The Town and Country Planning Act 1990 is an act of the British Parliament regulating the development of land in England and Wales-Section 1:...
, to the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
, which was heard in March 2008 by Justice Mitting. A key issue was the refusal of RES to release the background noise data to Mr Hulme, to allow independent analysis. Although he criticised the approach taken by RES, Justice Mitting refused to overturn the result of the inquiry, since the planning inspector had not made a legal error in coming to his decision. In May, RES released the noise data, and errors were subsequently discovered by DBJRG, although RES denied that they were significant. DBJRG then took their case to the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
, and permission to appeal was granted in June 2008. To avoid the need for another court hearing a consent order
Consent decree
A consent decree is a final, binding judicial decree or judgment memorializing a voluntary agreement between parties to a suit in return for withdrawal of a criminal charge or an end to a civil litigation...
was agreed between DBJRG and the Secretary of State for Communities and Local Government
Secretary of State for Communities and Local Government
The Secretary of State for Communities and Local Government, is a Cabinet position heading the UK's Department for Communities and Local Government....
(the defendant in the case), which had the effect of overturning the planning inquiry, and returning the matter to the Planning Inspectorate.
Second public inquiry
The second public inquiry was initially scheduled for March 2009, but was postponed at the request of DBJRG, who had not then had sufficient time to review new noise data supplied by RES. The inquiry took place between July and October 2009, with the appeal being opposed by WDBC, DBJRG, and the Campaign to Protect Rural England. The appeal was once again allowed in December 2009. A number of planning conditions were attached by the inspector, aimed at reducing the likelihood of noise nuisance.Following the decision, a second judicial appeal was launched by Mike Hulme, which challenged the validity of the planning conditions and claimed that the wording of the noise conditions rendered them ineffective. The case was heard by Judge Frances Patterson QC
QC
In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...
in July 2010. All ten grounds of the challenge were rejected by the judge in her decision. Hulme went on to lodge an appeal against this decision, which was dismissed by the Court of Appeal in May 2011. Meanwhile, RES have been seeking agreement with WDBC on how the planning conditions will be met.
Windfarm Wars
The BBCBBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
commissioned a documentary on the development of Den Brook Wind Farm shortly after the inception of the project. Including face-to-face interviews with a number individuals concerned with the windfarm, it focused primarily on Rachel Ruffle, project manager for RES, and Mike Hulme, local resident and member of DBJRG. Initially conceived as a single film, it developed into a series as the planning process became more and more protracted. The timescale also consumed most of the programme budget, with producer Jeremy Gibson eventually completing the films as a solo project. The series was first broadcast in May and June 2011.