Gullen Range Wind Farm PAC Hearing: Parkesbourne/Mummel Landscape Guardians Submission

Re Gullen Range Wind Farm Modification Application MP 07_0118 MOD 1

Author: David Brooks

Summary and recommendations

It will become apparent from the following discussion that the Proponent of the Gullen Range Wind Farm has violated the Project Approval on a massive scale, and that there has been a colossal failure of compliance monitoring on the part of the Department of Planning. It is also certain that the Department continues to respond inappropriately to the Proponent’s violation.

There is good reason to believe that the Proponent has acted both negligently and improperly, and that the Department of Planning has acted incompetently, negligently and improperly.

It will also become apparent from the following discussion that all the existing assessments and approvals of the Gullen Range Wind Farm must be considered inaccurate, unreliable and unsafe.

All this being so, neighbours of the wind farm cannot be protected from adverse impacts, whether the turbines remain in their new locations or are returned to their original authorised locations.

For these general reasons, and also for specific reasons connected with visual impact, noise, health, property value and turbine spacing, the only rational course of action for the Planning Assessment Commission (PAC) is to suspend all assessment and determination of the Modification Application, and to recommend to the Minister of Planning that she order an independent public inquiry into the whole history of the Gullen Range Wind Farm, from the initial proposal through the stages of assessment and approval to the construction stage of the wind farm and the compliance monitoring of the Department. This inquiry should be at least a Judicial Commission.

If the PAC declines to act in this way, then the PAC should still suspend determination of the application, and recommend to the Minister that she order an independent public inquiry into the matter of the unauthorised turbine relocations, and the Department’s failures of compliance monitoring and of appropriate response.

If the PAC declines to act in this way as well, and declines to recommend any public inquiry of whatever scope, and insists on determining the application, then the PAC should make orders based on the recommendations that follow.

Recommendations

1. That the PAC suspend all assessment and determination of this Modification Application, and recommend to the Minister of Planning that she order an independent public inquiry into the whole history of the Gullen Range Wind Farm, from the initial proposal through the stages of assessment and approval to the construction stage of the wind farm and the compliance monitoring of the Department (to the present), this inquiry to be at least a Judicial Commission.

2. If the PAC declines to do the above, then the PAC should still suspend all assessment and determination of the Modification Application, and recommend to the Minister of Planning that she order an independent public inquiry into the matter of the unauthorised turbine relocations of the Gullen Range Wind Farm, and the Department of Planning’s failures of compliance monitoring and of appropriate response, this inquiry to be at least a Judicial Commission.

3. If the PAC declines to do the above, then the PAC should still suspend all assessment and determination of the Modification Application, and recommend to the Minister of Planning that she order an independent public inquiry into (i) the principles of the noise assessment of wind farms in NSW, this inquiry to take evidence from both noise consultants who regularly work for the wind energy industry, and noise consultants who have worked for non-associated neighbours of wind farms, or who have been critical of existing noise guidelines for the assessment of wind farms. The chair and members of this inquiry should have no connection with the wind energy industry, or with any associations supportive of renewable energy. (ii) This inquiry should also investigate the issue of turbine spacing and impacts of noise, both audible and inaudible, and vibration.

4. If the PAC declines to do the above, then the PAC should suspend all assessment and determination of the Modification Application, and recommend to the Minister of Planning that (i) she order her Department to serve an order on the Proponent to stop work on the Gullen Range Wind Farm, and that (ii) she order her Department to commence legal proceedings in the NSW Land & Environment Court against the Proponent for violation of the Project Approval.

5. If the PAC declines to do the above, then the PAC should suspend all assessment and determination of the Modification Application until (i) Mr Steven Cooper’s report on his study of the Cape Bridgewater Wind Farm is complete; (ii) the results from the Health Canada study of wind turbine impacts and health effects are available, at least in preliminary form; (iii) the study of wind turbine impacts and health effects to be ordered by the Australian Federal Government has been carried out, and has reported.

6. If the PAC insists on assessing and determining the Modification Application, then the PAC should not restrict the assessment and determination of this Modification Application to the issue of changed environmental impacts from changed turbine locations, but should consider the likely impacts of the Gullen Range Wind Farm in themselves, in relation to all relevant criteria.

7. That the PAC visit every non-associated residence within 2 kilometres of turbines before assessing and determining this Modification Application. The PAC should also travel around the wind farm site on public roads, in order to assess the visual impact on the public domain, and to form some estimate of what the visual impact is likely to be for residences between 2 and 3 kilometres of turbines.

8. That the PAC grant acquisition rights unconditionally to all non-associated residences within 3 kilometres of turbines.

9. If the PAC declines to do the above, the PAC should grant acquisition rights unconditionally to all non-associated residences within 2 kilometres of turbines.

10. If the PAC declines to do the above, the PAC should grant acquisition rights unconditionally to all non-associated lifestyle properties (300 acres or less) within 2 kilometres of turbines, (B12 to be included as a lifestyle property).

11. If the PAC declines to do the above, the PAC should grant acquisition rights conditionally to all non-associated residences within 2 kilometres of the turbines, towards which one or more turbines has moved closer by 50 metres or more. Either the offending turbines should be relocated in their original authorised position, or the Proponent must offer to purchase the property at a market price as if there were no wind farm.

12. B124 and G44 should be surveyed by the independent surveyor, to determine if any turbine has moved closer to either of them by 50 metres or more. If so, then B124 and G44 should be included under point 11 above.

13. If the PAC declines to make any of the above grants of acquisition rights, then the PAC should remove altogether from the project all turbines which have moved more than 50 metres closer to any non-associated residence within 2 kilometres of the turbines. This would involve the following turbines: BAN_08, BAN_09, BAN_10, BAN_12, BAN_13, BAN_15, BAN_21, POM_01, POM_03, and GUR_07.

14. If the PAC declines to do the above, the PAC should order that all turbines whose locations have moved by 50 metres or more, in any direction, regardless of whether the turbines have moved closer to homes or not, be returned to their original approved locations or removed altogether from the project. This would involve the following turbines: BAN_08, BAN_09, BAN_10, BAN_12, BAN_13, BAN_14, BAN_15, BAN_21, BAN_24, BAN_25, POM_01, POM_03, POM_04, POM_06, POM_10, POM_11, POM_19, POM_22, GUR_07, GUR_10, GUR_12, GUR_18.

15. The PAC should recommend that if there is to be an ‘independent Landscape Expert’, this person should be selected and appointed by the NSW Environment Protection Authority, and that the NSW EPA be independent of the Department of Planning. The appointed expert should report to the NSW EPA. Neither the Department of Planning nor the Proponent should have any part in the Expert’s appointment. The cost of the Expert should be borne by the Proponent.

16. The PAC should recommend that all authority for compliance monitoring should be removed from the Department of Planning, and given to the NSW EPA, and that the NSW EPA be independent of the Department of Planning.

17. That the PAC order the Proponent to provide a Property Value Guarantee to all owners of non-associated residences within 3 kilometres of turbines, such that the Proponent is obliged to compensate any such owner to the extent of a reduction of property value attributable to the presence and/or operation of the wind farm.

18. The PAC should impose on the project the following conditions relating to wind turbine noise, sound and vibration:

  •  Measurements in dB(A), dB(C), dB(G) and dB(Lin) for actual wind turbine noise.
  • The use of Lmax, or at least L10, instead of Leq and L90 for actual wind turbine noise.
  • The use of much shorter measuring intervals than 10 minutes. (Consult independent noise experts.)
  • Field studies to measure the actual rates of propagation and attenuation in the vicinity of the Gullen Range Wind Farm, in worst-case scenarios.
  • Field studies on existing Gullen Range wind turbines to measure the actual range of amplitude modulation, in worst-case scenarios.
  • Field studies to investigate the influence of inadequate separation distances between turbines, involving attended monitoring of wind turbine noise for 1 month in winter. Monitoring to be in dB(Lin), from which dB(A), dB(C) and dB(G) are to be calculated. Noise monitoring to be correlated with power output, wind strength and wind direction at the turbines, and with wind strength and wind direction at the residence. The results of this monitoring to be made public.
  • A penalty of 5 dB for excessive amplitude modulation, defined as 4 dB(A) or greater.
  • A penalty of 5 dB for tonality.
  • Separate measurements for daytime (7 am – 6 pm), evening (6 pm – 10 pm), and night-time (10 pm – 7 am).
  • A new assessment of background noise levels, with attended monitoring to ensure the exclusion of extraneous noise. The PAC must order all turbines to be turned off for a month (in winter) to facilitate this.
  • Background noise monitoring to involve the measurement of wind strength and direction, both at the residence and at the turbines.
  • An outdoor dB(A) noise limit of 35 dB(A) (Lmax), or background noise (L90) + 5 dB(A), whichever is lower.
  • An outdoor dB(C) limit of 55 dB(C) (Lmax) (day); and 50 dB(C) (Lmax) (night).
  • An indoor dB(A) limit for low frequency noise, not to be exceeded, of 20 dB(A) for all frequencies between 10 Hz and 160 Hz.
  • A penalty of 5 dB for excessive low frequency noise.
  • An indoor dB(G) limit of 60 dB(G).
  • A penalty of 5 dB(A) for excessive infrasound, by the above criterion.
  • All penalties to be added.
  • The requirement that a new noise limit for infrasound be imposed in dB(Lin) when research on wind turbine infrasound has established what that should be.
  • A requirement that all noise conditions may be revised or supplemented in the light of future acoustic and medical research.
  • Outdoor noise measurements to be taken at the residence; indoor noise measurements to be taken inside the residence. No measurements to be taken at intermediate locations.
  • All monitoring of wind turbine noise to be correlated with wind direction, wind strength, and power output.
  • Monitoring to be conducted by independent acousticians nominated by neighbours and appointed by the NSW EPA. The cost of monitoring to be charged to the Proponent.
  • The results of monitoring and assessments to be publicly available.

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