Chris Heaton-Harris
Main Page: Chris Heaton-Harris (Conservative - Daventry)
Mr Speaker
No. We will take Mr Chris Heaton-Harris and then come to the hon. Member for Southampton, Test (Dr Whitehead).
Chris Heaton-Harris
Thank you for calling me early in the debate, Mr Speaker.
I sat on the Energy Bill Committee, along with many right hon. and hon. Members present today, and I want to add a bit of balance to the Scottish National party’s contribution. We had this debate in Committee. The SNP would very much like the responsibility for the renewables obligation sent back to Scotland, and many people on the Government Benches would probably like the SNP to commit to paying for that, if it were to happen. However, only half of that is covered in the SNP proposal.
Callum McCaig
The hon. Gentleman is absolutely right that we had that debate, but does he accept that we will be paying an extortionate price for the Conservative party’s nuclear power plans if he gets his way?
Chris Heaton-Harris
If we are talking about paying for things, I wonder how the SNP would have paid for its proposals had Scotland gone independent, given that the oil price is residing around $30 or $40 a barrel. Let us make sure that we talk about energy in a sensible way. We did have a constructive and sensible debate in Committee, even though it was good fun to fall out occasionally on different points.
Unfortunately, Mr Speaker, you did not select any of the amendments to which I put my name. I was not being cheeky in tabling them; I just wanted to make a point. The Conservative party had a manifesto commitment on removing the renewables obligations a year earlier than expected, with no new subsidies for onshore wind, and on some planning changes. Those provisions were in the Bill, but Members of the House of Lords did not like them. In Committee, we debated what would happen if we reinserted that clear manifesto commitment, and how that would be quite a foolish thing to do because there are other methods within the planning rules that we could use.
It would be fair to talk about amplitude modulation in relation to planning requirements. There is a huge amount of concern about noise from wind turbines. I thought that I would identify a couple of the concerns in a tiny bit more detail so that Members could understand my approach.
Mr Stewart Jackson (Peterborough) (Con)
My hon. Friend has a great deal of knowledge of and expertise in these issues. The other place set a very unfortunate precedent in disregarding the post-war Salisbury convention and considering it appropriate to decide that the British public were wrong to re-elect the Government on a manifesto commitment to undertake the proposals that he has elucidated.
Chris Heaton-Harris
I thank my hon. Friend for that intervention. I actually think there has been some sensible debate about this at the other end of the building. A number of sensible Labour peers, and a handful of Lib Dems, understand this point. It would be foolish for a once-coalition partner that has very few MPs in this place, but way too many peers in another place, to use that bulk of unelected opinion to force down a Government manifesto commitment. However, there are many ways to get around this problem. We can solve one planning problem in a way that would be good for communities affected by onshore wind, but it might not be the route that the peers at the other end of this building would like to go down. Perhaps they should think very sensibly about how they view this Bill in future, just in case.
A couple of years ago, I put in a freedom of information request to every planning authority across England because I wanted to see whether any of them had experienced, or had knowledge of, an element within wind noise called amplitude modulation, which is a kind of low whooshing sound that causes people great concern. I asked every environmental health officer across the country whether they had any experience of this. A large number, especially from rural areas where there are lots of onshore wind turbines, said yes, they did have had some experience of amplitude modulation, but as the current Government guidelines did not cover it, there was nothing they could do, and they wanted more information on it and better guidance from the Government. In fact, neither the wind industry nor the Department recognised that amplitude modulation existed until only a couple of years ago. That is quite bizarre considering that it was well recognised across the world at that time.
Fortunately, after I presented my findings to the Department, it came up with this statement:
“DECC has recognised that amplitude modulation (AM) noise produced by wind turbines can be a cause of concern for some residents. DECC has appointed an external consultant to review the available evidence on AM, with a view to recommending how excessive AM might be controlled through a planning condition. The INWG’s study”—
the independent noise working group study that I helped to commission, which studied what causes amplitude modulation and how it can be tempered—
“will be considered alongside other evidence that is being gathered as part of this review.”
The evidence that I presented showed that lots of communities and individuals up and down the country are living in houses close to wind turbines that are directly affected by excessive amplitude modulation.
In fact, it is a significant factor in people’s lives. Noise complaints from wind farms are primarily related to the phenomenon of the whooshing noise. In many cases, it means that people cannot get to sleep in their own houses, which puts them under a great deal of stress. The “whoomph”, swish or beating noise is known about by engineers, and we experience it when we stand next to helicopters or other turbine-like blades when they are turning. It is the most intrusive element of noise from wind turbines.
Mr Jackson
Does my hon. Friend agree that the issue that he rightly raises is compounded by the complementary problem of shadow flickering, which has caused distress to many people in the environs of onshore wind infrastructure? The movement of very large plant and machinery on suboptimal rural roads can also have an impact on the quality of life of people adjacent to those facilities.
Chris Heaton-Harris
Those are two very valid points. I have seen flicker for myself. Although I stood in the flicker of a wind turbine for only 10 minutes on one occasion, I understand how intrusive it could be if it affected someone’s house or their place of work. I know from my constituency—I am sure that other hon. and right hon. Members will have had similar experiences—that when those turbines are moved through small villages, sometimes they cannot get through without some sort of remedy having to be made to the road. A number of people visited me this morning from the lovely village of Guilsborough, where, if a turbine shaft were to be driven through the village to a nearby wind farm, there would be a gap of inches between the turbine shaft and the houses on each side of the road. Those things do cause concern. I would say that flicker causes more concern than traffic movement, and amplitude modulation probably more than flicker.
Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
Does the hon. Gentleman share my concern about the fact that in Wales, policy is concentrated in strategic zones, and all developments are put into five or six big development zones? The fact that there is a series of different projects makes enforcement difficult when noise levels go above what they should be. Although technically we are talking about one giant development, as far as the planning regime is concerned it is a series of smaller developments within the strategic zone, so the issue about noise enforcement becomes acute.
Chris Heaton-Harris
That is a very wise point, and one that I will come to later, if I may. I will just tease the hon. Gentleman briefly. It is possible to monitor such noise and predict where it might occur. Therefore, when amplitude modulation is causing distress to nearby residents and that is being monitored, it is possible with the agreement of the wind farm developer to stop the turbines turning during that period of time—this has happened in a couple of places in England—so the noise stops and everybody goes about their business happily.
I know that some of the proposals in Wales have been massive, and I have been working hard with my hon. Friend the Member for Montgomeryshire (Glyn Davies) on some amazingly large proposals for his constituency. I know that the matter is of real concern to many people across Wales.
As I have said, the current guidelines do not require amplitude modulation to be monitored at all. In fact, the noise falls outside ETSU monitoring. I know of only one wind farm planning decision in the United Kingdom in which a planning condition for amplitude modulation noise was imposed, which was the Den Brook development in Devon.
My concern is that everybody has known about this issue for a very long time—for decades—but no one has spoken up about it. We gave the green light to this industry, and I have previously spoken in this place about how some of the developers have not been particularly kind to villages and constituents of mine when proposing developments, because they knew everything was stacked on their side. I have previously made the argument to the hon. Member for Wigan (Lisa Nandy) that developers could have done a lot better in the past, and we might not have the current problem if it had been recognised that local people’s views should carry a great deal of weight.
For decades, there was no such recognition. The wind industry has consistently denied the existence of excessive amplitude modulation, even though I can point hon. Members to experts who have demonstrated that amplitude modulation is a frequent occurrence that potentially affects all large industrial wind turbines. It often does so for long periods, and more frequently than not during the night. I point to my survey of environmental health officers and planning authorities, many of whom said that they knew amplitude modulation or something of that ilk was happening, but had no powers to deal with it and did not have the correct guidance from Government to point them in the right direction.
People complain about amplitude modulation to Members of Parliament and local planning authorities, but I think there is a hidden silent majority. People are willing to suffer such noise in silence and do not want to complain because they fear the adverse implications of getting involved, such as having to disclose any complaint they have made to a planning authority or a council when they come to sell their house.
The existing legal remedies have been found wanting. Remedies are available for neighbours of wind farms who are affected by turbine noise under ETSU, but they are simply not fit for purpose, and they are certainly not fit for measuring amplitude modulation. Taking action for statutory nuisance has been actively advocated by the wind industry and supported by planning inspectors, but the evidence suggests that an abatement notice is not an effective control to protect nearby residents from excessive amplitude modulation. Other remedies, such as taking action for private nuisance and similar legal actions, have been considered, but they place too much risk and burden on residents for a problem that is not of their making, with the likelihood of adverse long-term financial implications.
In addition, the recent trend is for secondary operators to form individual shell companies for each wind farm. The impact of that was highlighted in July 2015 when my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) introduced a Bill to require wind farm developers to obtain public liability insurance for any nuisance they caused to nearby residents. That was particularly aimed at noise nuisance. One of his constituents had had a problem with noise from a local wind farm, but had found it impossible to sue because the operator was purely a shell company and had very limited assets.
Of more concern is the effect of amplitude modulation on health. I have read studies demonstrating adequately that wind turbine noise adversely affects sleep and health. It is abundantly clear from evidence examined by a world-renowned expert, Chris Hanning—I asked him to help me, and he worked with the group that I got together—that wind turbine noise adversely affects sleep and health at set-back distances and noise levels that are permitted by the current ETSU noise regulation. There is no reliable evidence—not one single study—that wind turbines are safe at those distances and noise levels. By contrast, an increasing volume of studies and evidence have outlined the contrary. There is a particular concern about the health of children exposed to excessive wind turbine noise. The inadequate consideration of amplitude modulation is a major factor in why I believe that ETSU fails to protect the majority of people who live near wind turbines and why I believe that it needs to be reformed. The wind industry’s denial is reminiscent of other denials of health issues in the past. It could be a very big public health issue.
I contend that the current noise standard, ETSU-97, is not fit for purpose and I have plenty of evidence to suggest that its methodology is completely incorrect. I do not have to go into that evidence because I am fortunately supported by the findings of a recent Northern Ireland Assembly report in January 2015 on wind energy. The report recommends a review of the use
“of the ETSU-97 guidelines on an urgent basis, with a view to adopting more modern and robust guidance for measurement of wind turbine noise, with particular reference to current guidelines from the World Health Organisation.”
I therefore contend that we need an effective planning condition for amplitude modulation. The wind industry’s claims that an amplitude modulation planning condition is not necessary, and that the legal remedy of statutory nuisance provides adequate protection, are thoroughly discredited by the evidence I have seen and that I have published on my website. Without a planning condition, there is no effective remedy for wind farm neighbours who suffer from excessive noise. The relevance of amplitude modulation in causing noise complaints has driven the wind industry to ensure that a planning condition of that type is not applied as standard planning practice. That is why I raise it today when we are having a conversation about renewables obligation certificates and the planning guidance that goes alongside them as part of our manifesto commitment.
Philip Boswell (Coatbridge, Chryston and Bellshill) (SNP)
Does the hon. Gentleman agree that the decision on whether projects go ahead should sit with the local people via the planning process, so that when local people have agreed to and are in favour of the project, it should be allowed to go ahead?
Chris Heaton-Harris
I have long contended—I have said it in pretty much every speech I have given on wind in the House—that, if local people want a wind farm, who is the local MP or any politician to get in their way? I want it to be subsidy-free and I want people to benefit from it, but if the majority of local people believe that it is a benefit to their local community, I have no issue with it whatever.
People should be aware of the potential health concerns from the noise from amplitude modulation. We have the opportunity to ensure that those concerns can be mitigated. When a local community steps forward and says, “Yes, we’d desperately love to have 100 wind turbines surround our village, devalue our houses and hide us from our rural hinterland,” they can do so knowing that they could get the turbines that produce amplitude modulation turned off, so that they could at least sleep comfortably in bed at night.
Mr Jackson
Is my hon. Friend aware of the work of Professor Peter Styles of Keele University, who published a study on vibrations from 60 metre-high wind turbines at Dun Law in Scotland? He states that
“when the windfarm starts to generate, even at low wind speeds, considerable infrasound signals can be detected at all stations out to”
about 10 km. He adds that some developers propose to install bigger turbines, so the older studies that showed that turbines are safe for the purposes of noise are out of date. He says that modern wind turbines in excess of 100 metres high cause more problems.
Chris Heaton-Harris
I am very much aware of that study and obviously agree with what Professor Styles found. The interesting thing is that, as turbines get larger, amplitude modulation is generated over a slightly larger area. We have gone past the 80-metre stage. My constituency has dozens of wind turbines of 126.5 metres and upwards. That is about the size of the London Eye. When the blades move around and chop the wind, they create amplitude modulation. There is an understanding now that this is happening, so we need a suitable and sensible planning condition to ensure that local communities affected by this problem have a way of stopping it happening to them.
John Redwood
Can my hon. Friend tell us what the fix is for this? Is there a realistic way of suppressing the noise?
Chris Heaton-Harris
The best way to suppress the noise is to turn the turbine off for the period of time when the noise is likely to occur. As acousticians have demonstrated to me, the noise is more likely to occur at night when other background noises have dropped down. We can predict it, because we know which way the wind is blowing and at what speed. It drops down to ground level in a certain way, so we can know exactly which houses and which zone it will affect. Therefore, with sensible meteorological readings using the correct monitoring equipment, which is now remarkably cheap to purchase—it used to cost an awful lot—we can do a lot better.
Chris Heaton-Harris
I will give way to my hon. Friend, who has a vast amount of experience in this area.
Heidi Allen
Not me personally, but certainly the residents in my constituency have. Everything my hon. Friend has said is right. I find it staggering, given that the world of physics and wave technology is well understood, that amplitude modulation should suddenly be a surprise to us in relation to wind farms. It is a natural occurrence of wave technology. We have a wide knowledge and evidence base in my constituency, mostly because of Cotton Farm wind farm, which is just outside my constituency in Huntingdon. The residents have been blighted for years by the wind farm. They cannot sell their houses and they cannot open their windows. The data are available and the Government would be wise to make use of them and incorporate them in their review.
Chris Heaton-Harris
I thank my hon. Friend for her contribution and I agree with her. I have been to Cotton Farm to see the wind farm for myself and to meet some of the residents. I met the illustrious Bev Gray—I do not know if he is a constituent of my hon. Friend—who has provided me with more information than any man could ever possibly want about amplitude modulation readings and the noise his community suffers on a regular basis. As my hon. Friend suggests, this is not rocket science. Where there is amplitude modulation, people suffer and genuine health concerns have for too long been swept under the carpet.
The Den Brook planning condition, as it has become known, was a chance to introduce a sensible planning condition that evoked amplitude modulation and tried to deal with it. The wind industry could have welcomed it as a method to defeat wind farm opponents across the country who say “You don’t deal with the problem of wind” by saying, “We understand there is a problem with wind noise, and we will deal with it and mitigate it when it happens.” Instead, the industry went into complete denial and actual upfront aggressiveness. It fought the planning condition through the courts over an eight-year period to ensure that it was not applied, and to get it removed and then sufficiently weakened so as to make it pretty pointless if it were ever to return. In fulfilling our manifesto commitment and making this change to the renewables obligation as of the end of the month, I suggest that we also bring forward the appropriate planning conditions to address the problem of amplitude modulation and make wind developers and farms a bit more acceptable in the parts of the country where they already exist.
David Mowat (Warrington South) (Con)
My hon. Friend is making an interesting speech about amplitude modulation. Is it predictable—is it possible to say, given a certain design, “There will be this much modulation”—or is it something that just happens, depending on other factors, and therefore quite hard to plan for?
Chris Heaton-Harris
It is as predictable as the wind. We know which direction the wind will come from and how fast it will be, which means we can predict a zone that will be affected by amplitude modulation on any given day. So yes, we can predict it.
I ask the Minister not to give up on the changes to the renewables obligation, which were part of a manifesto commitment, and to hear our plea about amplitude modulation. I have some concerns about the report she has commissioned from her Department and would like it judged against the evidence I have given her. Had the wind industry behaved more pragmatically and sensibly a few years ago, we probably would not be in this position. I am known for my views on this subject, but I know that there are sensible developers of wind technology who try to do their best for the local communities in the areas in which they install turbines. Unfortunately, I do not have an example of that in my constituency. It might be that the wind industry has woken up to this issue after the horse has bolted.
Dr Alan Whitehead (Southampton, Test) (Lab)
I rise to speak to our amendments 24 to 33 and 40 to 46, which, although standing individually, form a collective whole and refer to successive amendments the Government made to the Bill in another place in Committee to bring forward the closure date of the renewables obligation from 31 March 2017 to 31 March 2016. Our amendments would move that date and those of the various grace periods to 1 March 2017. They would therefore bring forward the closure date by one month, rather than one year, as is the present proposal.
I have some fears about the robustness of the present closure date in the face of the Bill’s passage. We are discussing a closure date that is very close to the day on which we are actually discussing it. The passage of the Bill, given that it came from the other place in the first instance, will have to finish in the other place shortly. The fact that the closure date before us is just a fortnight or so away from today creates considerable difficulties for the closure of the RO itself. It is not the case that we are discussing something that does not exist that can be brought into existence under legislation. We are discussing something that not only exists but, if we do nothing by way of legislation, will continue to carry on until 31 March 2017. We are discussing something that is in the legislation already, in that there is a specific mention in the Bill that the RO comes to an end on 31 March 2017, so if nothing happens to stop the RO carrying on, it will carry on until that date. In a sense, then, we have just one go in this place at changing the date in the legislation. If the Bill continues its passage through Parliament after the closure date has come into being, we will be dealing with retrospective legislation.