Wind Turbines (Minimum Distance from Residential Premises) Bill [HL]

Lord Grantchester Excerpts

Friday 10th June 2011 Lords Chamber

[Lord Grantchester]

My Lords, this Bill has implications on a very important policy area in Britain’s energy policy. It aims to put the UK on a path to cut its carbon dioxide emissions by 20 per cent by 2020 and some 70 per cent by 2050. The size of this challenge is underlined by the fact that in the next decade over 30 per cent of existing traditional electricity power sources will be removed from the grid as current power stations are decommissioned. Abundant gas supplies are set to diminish. Shale gas exploration has been put into review following fears that it has triggered small earthquakes in Lancashire. Fossil fuel supplies are being pursued in ever more hazardous environments, with deep-sea oil drilling. The investment required for the UK’s energy policy is estimated at over £40 billion, well beyond the capacity of the public sector alone.

Increased development from all quarters is vital to facilitating the delivery of UK commitments on both climate change and renewable energy. This inevitably puts increased focus on land use, agriculture and food and bio-energy production, as well as supply chains and transport. In response to criticisms that agriculture is responsible for an overproportionate amount of CO₂ emissions, the agricultural industry has voluntarily signed up to the greenhouse gas action plan to reduce emissions by 3 million tonnes of CO₂ equivalents by 2020 without compromising domestic production. This plan was launched by Jim Paice, Minister of Agriculture in another place.

This is the wider context and the place within which the provisions of this Bill are to be assessed. This Bill is focused not only on larger development but also on small farm-scale turbines in the larger end of the small wind sector, including some turbines that fall within the definition of microgeneration. That area has been unlocked by the feed-in tariffs regime brought forward by our previous Labour Administration. All planning decisions reflect a balance of competing interests and benefits, advantages and disbenefits, development and conservation. In this case, striking the right balance between regulations and incentives is vital.

We have heard today across the House of the challenges that wind farms face from your Lordships. All but one noble Lord today has expressed disapproval, but it is important to distinguish between, on one hand, long-term legislative and prescriptive “thou shalt not” regulations—which may be necessary to protect citizens and the environment where there is certainty of outcomes and overwhelming evidence—and assessment against guidance on the other, where parameters are set to measure each situation on a case-by-case analysis. On these Benches, we would be concerned that this Bill’s definitive prescription would be required for all cases. As has been argued even by the noble Lord, Lord Reay, this situation is covered by provisions in PPS22, which sets out government policies for renewable energy and parameters which planning authorities should have regard to when preparing local development documents and taking planning decisions. The noble Lord, Lord Greaves, made the point that nuisances such as noise could perhaps be encompassed within these provisions rather than primary legislation being brought forward.

The first thing that could perhaps be said about the Bill is that it uses an unusual way in which to measure wind. The Bill takes the tip of the blade as its highest point in measuring its impact. The more accepted method of measurement is to the top of the nacelle, where the rotor is fixed. Adding blade length to the standard scale of masts may impact on the development of technologies that reduce noise and have other impacts in future. I also wonder whether the exceptional condition that owners of residential premises that fall within the minimum distance requirements must agree in writing to the construction of a wind turbine could lead to a number of perverse outcomes affecting blade choice and effective siting. Planning policy statements set flexible parameters within which developments can take place that take account of changing circumstances and technical advances. Experience and knowledge could perhaps inform our decisions in future.

In a Written Answer on 14 September 2010, Charles Hendry, Minister of State for Energy in another place, replied to a Question concerning reports on and challenges to the Energy Technology Support Unit method of assessment and rating of noise from wind turbines, most notably ETSU R 97, by acousticians. He replied that he had,

“asked Hayes McKenzie to carry out new analysis of this”.

This method remains the applicable guidance for assessing and rating noise from turbines. Could the Minister provide the House today with any more information on the progress of this analysis and when it may be published? This is separate from and in addition to a University of Salford report which has already endorsed the ETSU system. As this is not primarily her department’s responsibility, could she ask her colleagues to write to me on the matter? In a further Written Answer that same day, the Minister stated:

“There are currently no plans to introduce a proximity rule. The assessment of an application to develop a wind farm already includes, among other things, an analysis of visual and landscape impacts to ascertain whether the location and height”,

of a wind turbine,

“is acceptable. The Government consider that these impacts are best assessed on a case by case basis so that local factors can be taken fully into account”.—[Official Report, Commons, 14/9/10; cols. 960-61W.]

Will the Minister confirm today that as yet nothing new has been learnt to override this statement?

While acknowledging that the balance of benefits of any development can be controversial, it would be foolish not to take account of the considerable animosity and protest that has arisen in such areas as Devon, Dorset and west Wales. However, there are procedures and mechanisms that already apply in this situation. From these Benches, I urge caution before embarking on heavy regulation that defines prescriptive parameters for all cases and situations. The continued use of site-specific assessments may still provide the most appropriate and effective means to assess and determine any potential development impacts, while protecting the amenity and health of local residents.

The recently announced review of the renewable heat incentive and feed-in tariffs has been extremely destabilising and disruptive to investments in renewable energy. Let us take care today before endorsing further planning constraints on the enormity of the task we face on energy security.