Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Joint Committee on Environment, Culture and the Gaeltacht díospóireacht -
Tuesday, 8 Oct 2013

Location of Wind Turbines: Discussion

We will now consider the location of industrial wind turbines across Ireland with our witnesses. I welcome Mr. Andrew Duncan, public relations officer, Mr. Daryl Kennedy, Mr. David Reid, Ms Nora Fagan, Mr. Dick Bowdler and Dr. Chris Hanning on behalf of the Lakelands Windfarm Information Group. I thank them very much for their attendance.

I draw the attention of witnesses to the fact that by virtue of section 17(2)(l) of the Defamation Act 2009, witnesses are protected by absolute privilege in respect of their evidence to this committee. However, if they are directed by the committee to cease giving evidence on a particular matter and continue to do so, they are entitled thereafter only to qualified privilege in respect of their evidence. They are directed that only evidence connected with the subject matter of these proceedings is to be given, and are asked to respect the parliamentary practice to the effect that, where possible, they should not criticise or make charges against a person, persons or entity by name or in such a way as to make him, her or it identifiable. I also wish to advise witnesses that the opening statement and any other documents they have submitted to the committee may be published on the committee website after this meeting. Members are reminded of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against a person, persons or entity in any way that would make him, her, them or it identifiable.

I wish to say a few words before inviting the witnesses to commence. Renewable energy provided by wind turbines is seen as one of the prime energy sources for the future. The energy is clean, plentiful and renewable, and this country is ideally placed to generate large quantities of it, not just to satisfy domestic needs but also to provide a supply at European level. Wind turbines are not a new phenomenon. They are located around the world, with very large wind farms in China and parts of the United States of America. They produce massive amounts of clean energy. For example, the Gansu wind farm in China has a capacity of more than 5,000 MW and it is hoped to increase this to 20,000 MW by 2020. The EU has a total installed capacity of approximately 94,000 MW, comprised of more than 29,000 MW in Germany in 2011, 22,000 MW in Spain and between 6,000 MW and 7,000 MW in France, Italy and the United Kingdom.

According to Met Éireann, the wind at any particular location can be influenced by a number of factors such as obstruction by buildings, the nature of the terrain and deflection by nearby mountains or hills. The average annual wind speeds in Ireland range from 10.8 km/h in south Leinster to more than 20.8 km/h in the very north of the island. These are very strong winds and they provide an opportunity for Ireland to develop its economy and to provide sustainable jobs through the provision of wind farms in ideal locations. I do not think anyone disputes that, but what is in dispute and what we are here to consider today is the location of wind farms and their impact and potential benefit or detriment to local communities. I now invite Mr. Duncan to address the committee.

Mr. Andrew Duncan

Thank you, Chairman. I will hand over to Mr. Daryl Kennedy, who will give a presentation and brief outline of the concerns of the community. I thank the committee for the opportunity to appear before it. We are very grateful. I stress that we are not anti-wind-energy in any form. We are purely a community-based group with legitimate concerns, and we are delighted to be given the opportunity to express them to the committee today. The chairman of our group, Mr. Daryl Kennedy, will give a brief outline of our concerns and then we will take questions.

Mr. Daryl Kennedy

Thank you. I very much appreciate the opportunity to address the Joint Committee on the Environment, Culture and the Gaeltacht on the significant community concerns we have about industrial wind farm developments in the midlands. Mr. Andrew Duncan has just been introduced. He is from a solicitor's firm which goes back to 1918. Dr. Chris Hanning is an honorary consultant in sleep disorders to the University Hospitals of Leicester NHS trust in the UK. Mr. Dick Bowdler is an acoustic consultant and is also part of a working group that reports to the British Government on noise. He has been involved with acoustics since 1977. Ms Nora Fagan is a solicitor in commercial law from Westmeath.

I will go through the background and set the context of our concerns. Essentially, there is a proposal to develop a wind farm in the Irish midlands generating 8,000 MW of energy for export to the UK to help meet its binding 2020 renewable energy targets. Mainstream Renewable Power, via the Energy Bridge project, intends to develop 5,000 MW of generation using 500 ft. turbines, while Element Power, via the Greenwire project, intends to develop 3,000 MW of generation using 600 ft. turbines. These developments alone would mean that up to 2,400 industrial turbines would be placed through the Irish midlands. That is subject to an intergovernmental agreement in quarter one and also to the completion of a strategic environmental assessment, SEA, as part of the national policy context.

The intention is to submit planning applications in late 2014, based on SEA completion, and to commence development on approval. The developments are proposed for a mix of mostly open flat farmland, some forested areas and peatland. The current proposal includes development in areas with significant residential rural populations. They are core to the concerns we bring to the committee. If the proposals go ahead many communities will be surrounded by clusters of wind farms, with turbines allowed to be situated 500 m from a resident's front door or back door.

We represent the majority view in Ireland, which favours renewable energy. We are not anti-wind energy. We consider ourselves to be rational and objective people who have had to work tirelessly to extract information and disseminate it to our communities in the absence of formal consultation. This has cost us countless hours when we should be getting on with family life instead of having to work on this.

We reject the slur of the energy development companies, which described citizens who were concerned about proposals to place more than 2,500 turbines for domestic supply and export in the midlands as NIMBYs. Such a project represents significantly more than backyard development. However, we recognise with a strong degree of positivity the comments by the Minister for Communications, Energy and Natural Resources at the IWEA conference last week when he acknowledged the concerns of the community, which was hugely beneficial, and mentioned the unthinking communication by some developers. We also welcome his view that there will be a preponderance of wind turbines clustered on State lands far removed from people's homes. This is the core of our presentation, which is a vision of responsible development that we want transformed into a formal policy underpinned by clear and unambiguous guidelines and appropriate legislation aligned with various directives.

The hard-pressed communities of the midlands have only become aware of the proposed developments through newspaper articles and word of mouth over the past six to nine months and certainly not through formal consultation with a responsible Department or the energy companies. Token lip service has been paid to a form of consultation but it has been one-way, with limited information given to communities. This is despite the fact that most of the landowners who are required to sign up to the option contracts have done so. Approximately 1,000 landowners were signed up before communities became aware of what was happening. In the midlands, approximately 35 community groups have sprung up over the past six to nine months, at a rate of one group every ten days, as people have become aware of the proposed developments. We find that as each community becomes aware and people start to drill down into the issues, as Mr. Duncan, myself and others have done, they begin to realise that the proposals will have a cascade of consequences. We have brought experts with us to review the impact of these consequences, including on noise, health and property values, as well as other legal concerns. If time permits, we can provide examples of misleading information that has been given to communities and of the clear lack of information provided by developers. We can also provide numerous examples of division in the community, which is being caused left, right and centre by these proposals. Even as recently as yesterday evening, I got a call from a landowner living several miles away who would not give his name but who said the proposals were ripping his family apart. It was difficult to listen to such a stressful account of what is happening.

We welcome the revision of the 2006 wind energy guidelines, as they were significantly out of date when first implemented. We have three significant concerns. The first is that this is just a targeted review examining shadow flicker, noise impact and separation distance. A tendered study by the SEAI will consider noise impact, but this is a desktop study, which is wholly inappropriate given the anecdotal evidence around the country. Some field studies should at least be done, with appropriately qualified people visiting those areas. A desktop study would be weak. Mr. Bowdler will go into this in more detail as he made a submission to the 2006 guidelines review.

The second concern is that a number of items are not included in the guidelines, and because of the targeted review they will still not be included. I refer to article 3 of the 1985 environmental assessment directive, which deals with the assessment of impact on material assets and on health. That is not covered at all. One element that is included in the review is landscape, which is dealt with in Chapter 6 of the guidelines. This is our third concern. The chapter is specific and states: "It is important that wind energy development [...] is never perceived to visually dominate." On that basis alone, developers would not be coming in on top of our communities to build these turbines in residential areas. They would stay where they like to say they belong, which is in the distant background - on mountain ridges, etc. - rather than in residential communities, as facilitated by the current guidelines, with a separation distance of 500 m.

While reference is made to a balanced, responsible and democratic approach, I draw the committee's attention to what is currently in train in County Westmeath, where almost 900 submissions were made to the 2014 county development plan, the majority of which related to wind turbine and industrial wind development. Consequently, the final draft of the plan strictly directs industrial wind development to cutaway bogs and appropriate and responsible step-back distances from people's homes.

We ask the committee to support a number of key actions that the Government should take: to provide a clear timetable for the development of the strategic environmental assessment; to complete a comprehensive review of the 2006 wind energy guidelines, taking into account the issues I raised; to ensure the 2012 draft guidelines on environmental impact assessment and the 2002 EIS guidelines for developers are fully updated and in compliance with Article 3 of the EIA directive; to impose a moratorium until full and comprehensive compliance with the Aarhus Convention is ensured; to enact the Environment and Public Health (Wind Turbines) Bill 2012; and to provide an amnesty for farmers who wish to withdraw from the wind farm contracts they signed where they have not sought sufficient and independent legal advice.

Communities in Ireland and, in particular, in the midlands, feel they are being besieged by aggressive wind farm developers who are exploiting weak and outdated guidelines as well as the lack of specific legislation to govern wind energy development. The majority of people support renewable energy development, but it must be done responsibly, transparently and to the mutual benefit of all stakeholders, with affected host communities to the fore.

There is considerable interest in this topic and, therefore, I will ask members to restrict their contributions to questions in order that we can engage actively with the delegation. I will spare members the trouble of welcoming the representatives to avoid repetition. I will begin with Deputy Penrose, at whose invitation the delegation is before us.

This is a major issue in the midlands. One would want to be sleeping in an ivory tower not to know about it. I understand Mr. Bowdler is an adviser on acoustics and his experience in this area stretches back to 1976. He has made a comprehensive submission to the wind energy guidelines review. Will he summarise the key points of his submission and, in particular, how the noise could affect a quiet rural area as opposed to an industrialised area, particularly in view of set-backs or distances from affected properties?

Papers produced on both sides of the argument deal with the effects on health. Dr. Hanning is an expert on sleep disorders. Will he outline from his professional perspective the impact of noise on people's health and the various types of noise that can arise, such as low-frequency noise?

Will Mr. Duncan address the issue of the depreciation in property values?

I welcome the statement supplied to us by the delegation. What is a reasonable set-back distance?

We have the guidelines which specify a maximum of 500 m. The plan is that County Laois, where I live, and County Offaly will be populated with these turbines very quickly and local people are very concerned about this. What does the panel consider is a reasonable set-back? I am also concerned that a few decades from now, or perhaps even sooner, we could have a lot of rusty turbines on the landscape but doing nothing. What is the panel's view of the need to put a bond in place in order to ensure funding will be available to remove such turbines, where necessary, if they become uneconomical? That may not happen, but we cannot say for sure.

What is the panel's view on the question of guidelines versus regulations? There is a feeling abroad that guidelines can be stretched and pulled like an elastic band to fit whatever case one wants to make. A lot of people in County Laois believe the terms and conditions need to be set out in black and white. I have suggested all parties and Independents in the Oireachtas sign up to a moratorium on further development until we have a proper regime in place, which would only take a few months. In the meantime, no further planning applications should be accepted. We must make sure we do not make the same mistakes that we made with the construction madness in the first decade of this century. What is the panel's view? Would it support the adoption of such an all-party approach?

I am pleased members of the panel have highlighted the fact that they are in favour of the development of wind energy projects. We all accept their importance, but the key issue is how it is done. Has the panel considered whether the approach taken contravenes the principles of the Aarhus Convention, given that people have been signed up in advance? What can be done about this?

When a planning application is lodged, is it fair to assume that the Environmental Protection Agency, EPA, will have some role to play? While the local authorities will focus on the physical elements of the application, I presume the EPA will examine issues such as noise and any other factor which could have environmental consequences. I ask the panel to address this question. Is there anything meaningful that could be done in that regard?

I agree with Deputy Brian Stanley's point on obsolescence and the need for a bond. Our settlement patterns are very different from those in the United Kingdom, for example. Our population is very dispersed, with a lot of one-off houses all over the countryside. Has the panel considered this fact in the context of the development of wind energy projects?

Mr. Daryl Kennedy

The first question, from Deputy Willie Penrose, concerned noise and Mr. Bowdler will answer it.

Mr. Dick Bowdler

I will briefly describe the principles underlying the assessment of turbine noise in Ireland, the United Kingdom and most of the rest of the world. Essentially, one starts by measuring the background noise and then one assigns a level above that which the turbine shall not exceed. What has also happened here and in the United Kingdom is that in very quiet areas a lower level has been set. In that way, one ends up with a noise limit which is five decibels above the level of background noise, for example, but it varies with wind speed. As wind speed increases, the noise levels of the turbines can be higher. At the very low noise levels, one finds that the guidance puts a lower limit on the turbines. There may be a lower limit of 35 to 45 decibels, irrespective of background noise levels. One of the implications of this is that in quiet rural areas the position is very different from that in residential or mixed residential-industrial areas and urban areas generally. In urban areas background noise levels tend to be higher and people living in such areas are more used to the noise of traffic and so forth. Noises such as those generated by traffic have a similar character or noise spectrum to turbine noise, whereas in rural areas ideally a different method of assessment is needed. People living in rural areas are not used to high levels of background noise and live in a much quieter environment. They are not used to intruding noise from traffic, industrial production and so forth.

On the question of set-backs, in the current Irish guidance there are lower limits, irrespective of background noise levels. The limit is 35 to 40 decibels in areas that are relatively quiet, 43 at night and 45 in a rather undefined way. It is not clear from the guidance when the figure of 45 decibels is to be used. In addition, there is a set-back of 500 m. The problem with set-back is that when the guidance was written, the level of turbine noise at source might have been, for example, 103 decibels, but the sort of turbines about which we are now talking can emit noise at between 107 and 110 decibels at source. Therefore, we are talking about much noisier turbines and because of this, the original set-back distance is probably wrong. I am not keen on having a set-back distance for that very reason and believe setting a noise limit would be a better approach.

Mr. Daryl Kennedy

Perhaps Mr. Bowdler might now comment on what he would recommend in terms of setting a noise limit based on the noise emissions from turbines.

Mr. Dick Bowdler

We really should be setting a noise limit relative to background noise levels and should not have the lower levels. At night, for example, a lower limit of 43 decibels might be set, but the level of background noise in an area might be less than 30. That means that the noise level from the turbines could be up to 15 decibels higher than the level of background noise. When one refers to decibel levels, people's eyes will often glaze over because the concept is hard to grasp, but if I say any increase of ten decibels is a doubling of loudness levels, 15 decibels is about three times as loud. That means that in some situations the noise levels of turbines could easily be three times as loud as the background noise level, which is why people are complaining.

Mr. Daryl Kennedy

Mr. Hanning will now deal with the questions on sleep disorders and general health.

Dr. Chris Hanning

Before dealing with the questions posed, I will expand a little on my expertise to speak on this issue. The committee has heard that I am a retired consultant in sleep disorders medicine. I am also a published author in the field of wind turbine research and health. I have given evidence at planning inquiries in Ireland, England and Canada. I have also given evidence before the Australian Senate.

The purpose of set-backs and guidelines is to protect the human population. Therefore, we should examine the effect on the human population in determining what is an appropriate distance between turbines and human beings.

To answer the second questioner first, for some time I have held the view that 1.5 km is an appropriate set-back distance. I understand a Bill has been tabled to allow for a distance ten times the height of turbines, which is equally satisfactory. That estimate is based on existing research on real human beings and real wind farms. The guideline noise levels tend to have been derived from studies of traffic noise. Wind turbine noise is several times more annoying than traffic noise at the same sound pressure level. They do not seem to have the same effect on humans. Wind turbine noise is more annoying and has a greater effect. Therefore, it is not appropriate to use data derived from studies of traffic to devise noise guidelines in respect of wind farms. The evidence we have is that if people are exposed to an external noise level of 43 dB, they are at high risk of sleep disturbance.

Deputy Willie Penrose also asked about low-frequency noise and infrasound. This is a slightly unsettled area. For many years we have known that research shows low-frequency noise and infrasound adversely affect human sleep and human health. The mechanism is unknown, but there are preliminary ideas from Professor Salt in America that the ear responds to inaudible sound. It does not matter what has caused the harm, whether it is low-frequency noise, audible noise or pulsatile noise. We do not wait to take action on public health issues until every aspect of the causation has been settled. We have sufficient evidence of harm from the studies carried out of existing wind farms to take action now.

Perhaps Mr. Duncan might try to cover as many questions as he can in his response.

Mr. Andrew Duncan

Should I take questions from one Deputy at a time?

As Mr. Duncan has the floor, he should deal with as many as he can.

Mr. Andrew Duncan

I am a professionally qualified auctioneer, not a solicitor, as Mr. Kennedy referred to me.

Much of the empirical evidence on the impact of wind turbines on property values is based on large data pools, predominantly from the United States, covering a large area. The data include transactions up to ten miles from wind farms. When looking closely at the data and the areas 2 km from wind farms, even the reports from proponents of wind farm development indicate an average diminution figure of 25%. It is a consistent figure throughout the reports.

The Department for the Environment, Food and Rural Affairs in the United Kingdom has commissioned a report on the impact of renewable energy projects on the rural economy. It has been reported that the report has been suppressed by the Department of Energy and Climate Change because the impact of wind farm developments on nearby properties is so drastic that it may damage wind farm development proposals. We hope the report will be published to bring clarity to the matter.

The studies predominantly put forward as evidence from wind farm developers that there are no issues with the Lawrence Berkeley National Laboratory studies and they are flawed. They look for the problem ten miles away when the problem is within 2 km. The Danish experience involves a compensation scheme. The Royal Institute of Chartered Surveyors in England has carried out a survey of its membership and the consensus in the auctioneering profession is that there is an impact on property values. It is predominantly based on the overall size and dominating impact of the turbines and their proximity.

With regard to the question on spatial distribution asked by Deputy Catherine Murphy, we need only look at Ireland's spatial distribution to see the actual impact. In the case of one wind farm in Killucan, County Westmeath, we have analysed the figures for 200 homes within 2 km. Based on property tax estimates, the value of each home is €175,000. Using the figure of 25%, this amounts to average equity taken out of the homes of €8 million to €10 million. If we transpose this figure across the 100 proposed wind farms in the midlands, a serious problem is looming.

Article 3 of the environmental impact assessment relates to Deputy Catherine Murphy's question. Ireland could very well find itself involved in a case for compensation payments. The planning authority directly responsible for carrying out the environmental impact assessment is An Bord Pleanála, which drags that body into proceedings. If there are consequences thereafter, the State may face compensation claims.

That concludes answers to the first three questions. We will move on to the second group of questions.

Wind energy is a topical, controversial and emotive issue across the north midlands, particularly in County Westmeath. Like our friends before us, I am in favour of the development of alternative and renewable energy resources, which is to be welcomed. There is an abundance of available renewable energy that has yet to be properly harnessed.

My question concerns the existing guidelines. Where can the existing guidelines, dating from 2006, be improved? I attended public meetings at which serious allegations were made about serious health problems, including migraine, nausea and sleep disruption. Mr. Duncan was at one of the meetings at which I requested information and evidence of serious health problems. That meeting was held in my parish four months ago, but the information has not come to hand. Has there been a study conducted of serious health problems and implications? Do we have concrete medical evidence of wind farms affecting people's health and sleep and the problems associated with shadow flicker? That is very important.

It has been stated farmers were conned by some of the companies in telling them they would sign temporary leases. The blueprint shows a different result and many are now concerned. Perhaps Ms Fagan might elaborate on the topic because there is genuine concern and fear.

With regard to cabling, will it be placed underground or on overhead pylons, linking various industrial wind turbines? We would like more information on this.

The development of any renewable resource should be undertaken in partnership with local communities. Has there been an attempt to have a balanced debate at these meetings?

Have the companies been invited to attend meetings and debate the issues in an open and transparent manner with communities? It is important that we hear both sides of the argument. I have been at some of the parish hall meetings and the attendance has been up to 350 people, but no one from the other side has been present to put forward an argument.

The Deputy's questions are about the guidelines and balance in the argument. The next two speakers in this group are Deputies Robert Troy and Terence Flanagan.

Prior to the summer recess I called for a moratorium when I raised the matter as a Topical Issue, but this was rejected by the Minister. Might there be no need for a moratorium, given the assurances or reassurances from the relevant Minister? He said no export licence would be issued until such time as the new guidelines were in place, which would be some time in the second half of next year.

The issue of noise is very important for everyone living in the locality, but it can have an even greater effect on people with autistic children or for those with sensory issues. I ask the group to elaborate on this topic.

Mr. Kennedy has commented that more than 1,000 landowners are signed up across the midlands to avail of an option on the erection of wind turbines. There is anecdotal evidence that a number of these landowners would now like to get out of these clauses, primarily because of the good work done by Ms Nora Fagan in highlighting the great deficiencies in the contracts. Why is it the case that so many landowners have been signed up if what the Minister, Deputy Pat Rabbitte said, is accurate and that these turbines will be moved or their operators will be persuaded to go to State-owned lands and cutaway bogs? What is the reason for going through this process with over 1,000 landowners?

Dr. Chris Hanning said the ideal set-back distance would be 1.5 km. I have raised the matter of best practice and the Danish model at numerous public meetings. The Danes are experts in the area of wind energy and renewable energy in the past two decades. Mr. Duncan said the Danes had a system to compensate anyone whose property had been devalued, but they also have a short set-back distance of turbines from residential dwellings, at four or five times the height of the dwelling. The settlement pattern in Denmark is similar to that in Ireland. I am interested in hearing the views of Mr. Bowdler and Dr. Hanning on the Danish model which is regarded as best practice in the European Union.

Deputy Robert Troy's questions are about the moratorium, the landowner issue and the Danish model.

That was an excellent presentation which answered quite a number of the questions of interest to me and many people in my locality. The Minister, Deputy Pat Rabbitte was on the radio news today, as was Deputy Willie Penrose. Having listened to the Deputy, I was very excited about how the issue was going to be represented and the problems would be solved, but listening to the Minister afterwards it was a case of going from high fifth gear to low first gear.

Will the Deputy please ask his questions?

The Minister used the word "assuaged" - a word I would not use - that he had assuaged the fears of people in the area and that it was really just a matter of misunderstandings at this stage. What is the view of the group of what the Minister said? I am a legislator and in order to help the group I will support the Bill that would prescribe a distance of 1.5 km. These are not elastic guidelines but actual hard and fast rules. I will gladly support the Bill and the group will need another 83 Members in order to solve its problem. Having listened to the Minister this morning, I know it has one supporter, but I do not know if we have one in the Minister. Have its fears been assuaged, as he said? What are the misunderstandings? I can say one thing for sure, namely, that the people who received planning permission in north and south Roscommon have not had their fears allayed and the cart has been put well before the horse. We do not seem to have any way out of it other than by getting chainsaws and cutting them down and that is not a good place to be as a legislator.

Deputy Terence Flanagan has asked three questions. Deputy James Bannon asked about the guidelines and balance.

Mr. Daryl Kennedy

Ms Fagan will deal with the questions from Deputies Robert Troy and James Bannon about contracts.

Ms Nora Fagan

I thank Deputies James Bannon and Robert Troy.

A very important and relevant matter is the Aarhus Convention. For those unfamiliar with the convention, it originated in Denmark in 1998 to ensure access to information and public participation in decision-making in environmental matters for those individuals and communities affected. Unfortunately, it was not brought into effect in this country until late 2012. One of the criticisms of the 2006 guidelines is that they do not incorporate the consultation required under the convention. To go from the European example of Denmark to the local example of what is happening in County Westmeath, if the guidelines had been complied with, I would not have had another farmer standing in my kitchen yesterday evening. He had been told that a turbine of approximately 75 m was to be put on his residential farm and was extremely distressed to discover through information in the newspapers that, in fact, it would be a turbine of 185 m. This shows how European legislation must impact on the guidelines and the effect on local communities. That answers one question from Deputy James Bannon on how farmers have been conned, as he said himself.

Deputy Robert Troy asked how farmers were signing up to avail of these options. They are being advised on their doorsteps that over a period of 30 years they can expect to gain an income in the region of over €1 million if they choose to pledge 1 ha of land to a wind farm company. However, the actual options and the leases they sign up to are grossly different from these representations. Unfortunately, that is how so many of these options have been signed up to. Farmers and rural communities are hard-pressed; margins are much tighter and they see this as perhaps the means to educate their children to third level or whatever it may be.

My first criticism of the guidelines is that they do not incorporate the requirements under the Aarhus Convention. Other criticisms are that they do not provide for wind turbine farms of differing height, scale and output thresholds. They are rather like a blunt hammer in that they do not deal with the different megawatt capacities or the scale of wind farms, nor do they make any distinction between large-scale commercial operations such as the ones coming to the midlands and community-led initiatives. They do not deal with the issue of landscape sensitivity. For example, to impose - which is how people in the midlands perceive it - 2,500 turbines with an average height of over 150 m is totally disproportionate given the landscape sensitivity of these counties.

Unfortunately, the guidelines do not deal with such issues. Another guideline that is not dealt with relates to our national monuments. Everybody is familiar with a recent profile showing a small round tower relative to the enormous size of one of the wind turbines. There will be an impact on tourism and the perception of Ireland and particularly the midlands will be grossly distorted. We would be going from a rural landscape to what is perceived to be an industrial landscape. One of the other members of the committee will deal with the impact on tourism. Have I answered all of the queries?

There was another issue regarding set-back.

Mr. Daryl Kennedy

There are some claims in this regard, and we have read quite a bit about the health issues. Some of the claims could potentially be outlandish and we try to concentrate on the impact of noise on people's sleep. In 2012 Dr. Hanning wrote an editorial in the British Medical Journal, a journal of very high repute, and it is a peer-reviewed study. He has also showed us a peer-reviewed paper dating from September from Japan, which considers set-back distance based on sound annoyance. He can expand on that issue.

Dr. Chris Hanning

I will first respond to the question of whether a study or report has been done. I am not aware of any report in Ireland covering this, although there are a number out there. All the peer-reviewed studies of existing wind farms have shown harm, including the Japanese example that has just been mentioned. Approximately three years ago, the Japanese Government instituted a programme of research into the health effects of low-frequency noise from wind turbines. Reports are just beginning to come to light and they show that harm occurs. As has been mentioned, the study suggests that a setback distance of approximately 1 km or 1.5 km is reasonable.

Deputy Troy essentially asked about sensitive receptors. It is important to realise that not everybody exposed to wind turbine noise necessarily gets sick or is affected in terms of sleep. We vary in our sensitivity to noise, and some people are more sensitive than others. That does not mean they are somehow bad or mad; it is just a case of people being more sensitive, as some are less sensitive. We know that people sensitive to noise tend to congregate in quiet, rural areas because that is where they feel better, and introducing new noise pollution is not good for such people.

Deputy Troy specifically asked about autistic spectrum disorder, which is not an uncommon phenomenon. It is certainly true that young people and children with this condition are more sensitive to the effects of wind turbines for two reasons. First, it is very common for these individuals to be fixated with rotating objects, and if they see a wind turbine, it can utterly distract them from doing anything else. Second, they all have poor sleep, and if a person already has poor sleep and is subjected to turbine noise, there could be further effects.

Deputy Troy also asked about the Danish scheme. This is a political decision. If there are smaller set-back distances, with a recognition that some people will be harmed and appropriately compensated, it may amount to a reasonable answer. Until such a system is put in place, realistic set-back distances that protect the vast majority of people are appropriate.

I asked two specific questions that were not answered. Is the committee confident, in the absence of a moratorium, that the assurances given by the Minister, Deputy Rabbitte, can alleviate fears? I know Ms Fagan referred to the next issue but maybe I did not make myself clear originally. If the Minister believes these turbines will be erected on cutaway bogs and State-owned land, why are these two companies going to the trouble of signing up options for land from over 1,000 people?

Mr. Andrew Duncan

Some people from Communities for Responsible Engagement with Wind Energy, CREWE, which is a national body, were meant to attend today but unfortunately that has not been possible. Deputy Troy has asked if we were assured by the Minister's implementation of the strategic environmental assessment. We were very encouraged but CREWE is keen for this to be seen as a national issue rather than a midlands issue. Any matters arising from the midlands wind turbines are national rather than just restricted to that area. We would like a national moratorium, as it would be a cleaner solution, but we are encouraged by the Minister's instructions to large multinational developers that the projects will not proceed until after there is a strategic environmental assessment. The ideal scenario would have the strategic environmental assessment rolled out to encompass the country.

Ms Nora Fagan

I can answer Deputy Troy's second question. The two multinationals in the midlands are competing for land as part of the export project. I am not saying anything unusual, as this is a matter of record, but these two competing companies are already selling their options on to third-party investors. What is particularly unusual about the leases and of great concern with regard to contracts is that all of them are for a minimum of 30 years; normally, the farmer or landowner retains full control over subsequent tenants or sub-tenants, but that control of assignment of leases is not contained in the documentation. Therefore, farmers would have absolutely no control over the third-party multinational investors - whoever they may be - who can come in as tenants on the leases for the land. In Leitrim, Mainstream has sold a wind farm option to IKEA. This is about selling on the options, and I am quite sceptical as to whether the wind farm companies intend to stay in the long term, as they have the full right to assign the leases on and attract investors in order to sell options on a farmer's land and generate income.

Will Mr. Kennedy address the issues raised by Deputy Bannon regarding the balance of public meetings?

Mr. Daryl Kennedy

With regard to balanced debate, from the first community meeting I attended in April - I believe the Deputy was there - I extended a welcome by e-mail and telephone to developers, but they did not come along. We took particular care and pride in the fact that we had balanced and factual information. Part of the objective was to cut through the spin we were seeing and ensure we could get the balanced information out there. By the time we got to our next community meeting in June, we believed there was a track record in balanced and open information, but when we again extended a welcome, the developers did not want to come; they stated it was not the kind of forum with which they wanted to engage.

I will comment on existing guidelines to answer a question from Deputy Stanley. With regard to the bond, guidelines currently state that the cost of decommissioning could be covered by the cost of scrap metal. Ms Fagan is clear that the contracts stipulate that the turbines remain the assets of the development company. Some kind of index-linked bond should be put in place to cover decommissioning.

Subsidies are being threatened with removal or reduction every week and technology is being upgraded all the time.

We do not know where we will be a decade from now and it is quite likely there could be considerable redundancy. The question of whether they will remain on lands will arise.

With regard to cabling, the energy companies state in their issued pamphlets that the cabling will go underground. None the less, their lobby group, the IWEA, made a specific submission on the county development plan asking the county council not to prescribe that cabling be put underground. That demonstrates a real lack of trust. Another example from Westmeath concerns another submission on the county development plan. I presume what I describe obtains across the country. The IWEA states the density of residential developments should not be a factor in the assessment of a planning application. That is truly unacceptable.

What the Minister said about misunderstandings suggests that people who are against wind energy are misguided. I would love to have 100% confidence that the Minister will actually do something about this. However, from having listened to him this morning, I could not be that confident. What misunderstandings is he on about? The witnesses have done their research and were very careful to couch the studies on noise in appropriate language. They could have pushed the matter even further but said that there are limited studies on certain areas. They do not sound like people who are over-egging the pudding. What are the misunderstandings supposedly associated with people who have a problem with wind farms in the midlands?

Mr. Daryl Kennedy

We are also unaware of what the misinformation is. Energy development companies refer to it but we would love to see what it is. As I stated, we pride ourselves on putting factual and balanced information into circulation. We met the Minister at the end of July. He found our account to have an impact and to be compelling but felt most of the issues we were discussing were for the planning authorities. We did not have any feedback from the Minister at the time on misunderstandings but we are certainly willing to deal with them at the proper time if we discover what they are.

I thank the witnesses for their presentation today. I am interested in the Fáilte Ireland report the witnesses quoted in terms of the potential impact on tourism. What is the title? I would like to follow up on it.

Mr. Daryl Kennedy

We do not have the title of that report. It was a draft report that was circulated approximately two months ago. It refers to unfavourable responses from 24% of tourists who were surveyed at particular tourist locations. We do not know the questions so we really cannot comment very strongly on the matter. There are approximately 1,250 turbines installed and in operation in the country. To meet the domestic targets for 2020 and the export targets, approximately 3,500 additional turbines will be required. Consider the impact of the existing and additional turbines on tourism. In 2012, the industry was worth €5.7 billion. The impact would be quite significant. We can obtain the title of the draft report and some more information for the Deputy.

Mr. Bowdler referred to the decibel levels, which I understand to be a measure of sound. To me, sound is loud or quiet; that is really it for me. Mr. Bowdler referred to decibel levels of 43 dB to 45 dB, and 107 dB to 110 dB. How loud is this in recognisable terms, as in the sound of a doorbell ringing or the noise of a vacuum cleaner?

Mr. Dick Bowdler

The range 107 dB to 110 dB is probably a bit confusing because that is the noise level at source. One would only hear that sound if one were at the source. In the case of a turbine, because the source is so big the noise level is spread around. We calculate what the noise level will be at the receptors, and that is our starting point. There is a fixed decibel level at the turbine itself but that is not the level one would get in communities. One would never get more than 55 dB or 60 dB, even underneath a turbine. Fifty-five or 60 dB would be what would be heard underneath a turbine. The noise level in a quiet rural area quite a distance from main roads at night when there is no wind would typically be 15 dB. During the day in rural areas, there might be 25 dB approximately, provided there are no roads nearby. As soon as one gets close to roads or other activity, there is approximately 30 dB or 35 dB, or even more. In towns, there is a noise level of approximately 50 dB to 55 dB. Notwithstanding what is stated in some literature, the noise level in a quiet bedroom is typically 20 dB in a rural or even suburban area. As stated, a rise of 10 dB is a doubling of loudness. If the normal noise level is 15 dB, 20 dB or 30 dB in a rural area at night, one must acknowledge that 43 dB is obviously a lot louder - by a factor of two, three or even four.

What is 45 dB the equivalent of? What would it sound like?

Mr. Dick Bowdler

Forty-five decibels is approximately the level that would obtain during the day 500 m from a busy motorway. As one moves further away, the level obviously falls off.

Could Dr. Hanning define low-frequency noise? What frequency is considered low to the human ear?

Dr. Chris Hanning

I will partly address the first question. It is not just a question of the absolute noise level but also a question of the character of the noise. A characteristic of wind turbine noise is that it is impulsive, like a dripping tap. The noise has similar characteristics to alarms in that it is intermittent. A fire alarm is designed to wake one up. This characteristic may be the reason turbine noise seems to wake people up.

With regard to low-frequency noise and infrasound, I will ask Mr. Bowdler to respond if the Deputy wants the actual numbers. Essentially, a low-frequency noise is a bass rumble. Infrasound is below the theoretical level of hearing. It does seem as if the ear can actually respond or react to noise we do not normally hear. It may depend on what other noise is around.

Mr. Dick Bowdler

There is some confusion about low-frequency noise and infrasound. Vibration gets muddled into it sometimes. When we talk about vibration, we are talking about vibration transmitted through the ground. It has nothing to do with what we hear with our ears but with what we feel with our bodies when we are lying in bed or sitting down, for example. Infrasound is generally thought to be any sound below 20 Hz or, in old terminology, 20 cycles per second. It is quite a lot lower than the hum from a piece of electrical machinery. It is generally thought to be the lowest level at which sound can be heard.

Anything below 20 hertz is call infrasound. Between 20 hertz and 200 hertz, about the A below middle C on the piano, is generally called low frequency noise.

For those farmers who may have signed the options in good faith and based on the information they received at the time, if they have decided to opt out now, what avenues are open to them legally, if any?

Ms Nora Fagan

I am aware of many farmers who want to pull out and have informed the wind farm companies through their independent solicitors of this. All farmers in question have been advised that they will be sued by the wind farm companies. It is important an amnesty is put in place for those farmers who signed agreements without access to the proper commercial, legal and health information.

How would the amnesty work?

Ms Nora Fagan

I can only speak for the farmers with whom I have dealt. They are very clear they want to pull out and they do not want any further wind turbine development on their farms. Unfortunately, all of these options have been registered as burdens on their folios which means they cannot sell a site or dispose of it to their families. Most agricultural land is passed on through inheritance or gift. These options mean the land is converted from agricultural status to industrial. This impacts on capital acquisitions tax and agricultural reliefs, so therefore the reliefs are lost. This has to be taken up at senior level because of the potential devastation it could have on farmers and farming families. We are not just talking about some rural pockets in Westmeath. I have spoken to farmers in all five surrounding counties and this matter needs to be taken up at national level.

I acknowledge the work done by the information group. While it works on a specific area in County Westmeath, it is aware of problems in other counties.

Wind energy is one of a suite of alternative energy resources, including biomass, solar, wave and gas. It is the job of the CER, Commission for Energy Regulation, to guarantee safe means and methods of producing energy, to improve choice and competition and ultimately benefit the consumer. The midlands region is historically synonymous with energy and power generation with Bord na Móna and the ESB. Peat supplies are diminishing. The public service obligation payments to Bord na Móna will expire in the coming years and alternative uses are required for cutaway bogs. There is the potential for a jobs dividend in these developments. It may not necessarily be to the extent portrayed by many of the companies pursuing this line. There is also the potential for a local rates dividend to the local authorities concerned, giving them new sources of income to deliver the services and facilities which cannot delivered as many councillors would have hoped and many of our public expect.

For this process to move forward, progress must be on a consensual basis rather than by imposition on an area in the midlands. The memorandum of understanding undertaken by the Government with its UK counterparts was overstated and may be too presumptuous with regard to the timescale and the level of energy export that may be achieved.

It is pleasing to hear moratoriums being discussed. Is it constitutionally viable for this to be the case, however? Is it not the case that anyone, irrespective of who they are, is entitled to make a planning application to a local authority? It might be thrown out but I do not think we can interfere with that process. It is only proper that the correct legal advice and response to that proposal is examined.

Many county councils were responsible in how they dealt with this issue in their development plans. In 2009 County Offaly devised a wind energy strategy with designated areas within the county which may be suitable to be considered for applications. In the context of being considered, it is up to the planning authorities thereafter to adjudicate on the various issues discussed today.

It is concerning that many of the companies referred to today have considered approaching landowners outside of designated wind farm areas, making promises to them that they may not be able to keep and having no regard for the efforts of local authorities in designating areas. Unfortunately, we cannot interfere with the commercial reality of making agreements and devising contracts with farmers. Are these companies, however, legally bound to advise a landowner to seek legal advice before committing to a deal? If that is the case, then they have abdicated a legal responsibility and the agreement could be voided. What is Ms Fagan’s view on that?

In recent years, there have been advances in wind farm technology and size. The height required for the wind farms in the midlands is actually quite high and is not represented in the existing guidelines. That is why they have to be amended by the Minister. The revised guidelines must be cognisant of the advancements made in wind farm size and technology, as well as location, set-back, environmental and property impact and health implications.

Adequate weight must be given to local authority development plans and the efforts by the councillors on behalf of those they represent to be responsive in the manner in which they put policy and designate areas. None of them is against wind energy. They only want a responsible means and method by which it is provided and by which we can all benefit.

My county recently made an effort to tighten up its development plan with a view to the next phase seeking buffer zones of 2 km from the core of towns and villages. That does not cater for the one-off house in the countryside and how to get a happy medium on that. There is a responsibility on the Department and the Minister to have the guidelines in place as soon as possible not only for large developments but for any developments because the local community might wish to avail of wind energy as a means by which it can pool together to reduce its energy costs. The cynics will say if we allow that, they are open to be bought up by big developers as a means by which they can gain access to the market. Leadership must emanate from the Department on this and adequate weight must be given to local development plans and the efforts of local councillors who get the brunt of sentiment at many of these public meetings and are trying to be responsive in how they deal with the sentiments expressed. Ultimately they have a responsibility, like the rest of us, to provide alternative energy sources in a safe manner which can be delivered to provide adequate competition at a rate that is available to all consumers.

My question is on the legalities of any contracts that have been entered into. If it is such that the companies that wrote those contracts did not say they had to get legal advice, are they in trouble? Is there a role for the Law Society of Ireland in this? It is about informing the public about their legal rights regarding a commercial transaction. There must be some synergy between the five counties involved in the midlands region regarding their development plans. Westmeath had no wind energy strategy in its existing development plan and had to contravene its plan to meet the situation that arose recently. It has designated cutaway bogs, which is commendable. In Offaly the cutaway bogs are predominantly in the east of the county but there are also towns and villages in the midst of that where the people are fearful of the impact it might have on them. As the Minister said, much of this will be properly tested only when full applications are made and adequate reports cited on the part of those who make the applications and the State which must have adequate guidelines for the reports to tie in with. What progress has been made on that and can the witnesses also come back to me on the legal implications?

Could one of the witnesses elaborate on the concerns about the environmental impact assessments, EIAs, that are carried out regarding these wind farms?

I thank the witnesses for their presentations. They have already answered many of the questions I had intended to ask. It is easy to understand why landowners or farmers who are experiencing financial distress might be encouraged to sign these contracts as an additional revenue stream. However, the sales pitch they hear and the glossy magazine they get at the doorstep or around the kitchen table are often dramatically different from the contracts that arise in the post subsequently. If farmers shake hands on a deal around the kitchen table they are very unlikely to withdraw from that when the paperwork arrives subsequently. If that is the case, it is unacceptable that they are being hoodwinked in this way.

Can the witnesses expand on how they are going from an initial lease to an option that extends, perhaps, over their entire holding? Do they have an opportunity to disengage from those contracts? Are there break clauses in the contracts? What is the witnesses' assessment of their representative body, the Irish Farmers Association, IFA, and its role in assisting vulnerable and distressed farmers in this scenario? The witnesses mentioned agricultural land being rezoned for industrial use. Does that mean they are sticking to existing development plans or are there requests coming in to rezone land in the counties involved?

A question was asked on regulations or guidelines. What are the witnesses' views on that? On the moratorium and the legality, I would be happy enough to have it tested and have them propose that we all sign up to it in the Dáil. If the Attorney General says it is not legal we can bring in emergency guidelines for a distance of 2 km for six months until we get proper regulations in place. We do not have our hands tied behind our backs on that one, nor should we allow them to be. The Planning and Development (Strategic Infrastructure) Act pushed through by previous Governments gives developers such as these significant power to sweep away local government and the local councillors to whom Deputy Cowen referred, who are at local meetings trying to deal with this. In County Laois these are going mainly outside the areas designated in the county development plan down on flat grasslands. Why are they doing that? I cannot measure wind, but areas such as Vicarstown and Ballybrittas would not strike me as the windiest parts of County Laois. Why are they going for those areas?

Do the community groups represented here today feel there has been a failure to implement the EIS? How will the proposed strategic environmental assessment, SEA, work, particularly in relation to Article 3 of the EIA and all the facts outlined? What do they propose? That will come up for public consultation, where they will have a role. What do they see as the important factors that can be put forward to ensure, as Deputy Cowen says, that this SEA will incorporate the entire area?

Regarding the employment opportunities that will be created, the figure of 55,000 jobs that is bandied around, we are told that the industrial development authority, IDA is very much in support of this. Have the witnesses made contact with the IDA on its claims that this number of jobs will be created?

Mr. Daryl Kennedy

If there were substantial jobs we would expect the Minister, Deputy Bruton, to be down in Tullamore and Mullingar announcing them. There will be significant numbers of jobs in the short term in construction only but the figures are confusing because they are given out in man years as opposed to a specific number of jobs. In the longer term, in terms of operation and maintenance, the industry guide is that there will be approximately 0.3 jobs per turbine, so a wind farm of ten turbines is likely to provide three jobs and they are generally not local.

Ms Nora Fagan

I thank Deputies Cowen, Walsh and Stanley for their questions, which all touched on the same issue. What Deputy Cowen said is correct. We must ask how these contracts and leases can be enforceable when the representations made to farmers on their doorsteps were so grossly different. Most of the farmers who have signed up to these are under economic strain. I have given them my personal opinion on what they have signed and they have all said, "We often worry about having enough diesel to put in our jeeps; how can we take on big multinationals?" There is a feeling of powerlessness among many of the farmers who have signed this. Unfortunately, there is also a certain amount of arrogance among these particular wind farm companies.

They have bandied about the fact that they have Government support and the support of Deputy Rabbitte. They are also advising farmers that they have a current application pending with An Bord Pleanála that their developments should be considered as part of the national infrastructure. I have checked that and it is correct. There is a current application pending for more than 40 wind farm developments. Many of the farmers are small farmers and they feel hopeless in the situation. I very much welcome Deputy Walsh's question on lobby groups such as the IFA. The IFA is becoming aware of the problem but it must become more proactive. I am not sure that I have answered all of the questions.

I asked a question about guidelines versus regulations in terms of county development plans and why the group thinks there is a movement outside of those areas. I accept the point made about strategic infrastructure. The companies seem to be blatant about what they are doing and aggravating local communities. Why does the group think they are doing that rather than going to areas where they might get better results in terms of wind speed? I asked the question about regulations versus guidelines twice. What are the group’s views on that?

Mr. Andrew Duncan

That ties in with a number of questions that have been asked. Deputy Cowen’s question was on turbines getting bigger. They are not only getting bigger, they are moving from uninhabited areas in the distant background into inhabited areas. We are particular supporters of Deputy Penrose’s Private Members’ Bill and Senator Kelly’s Bill prior to that. Regulation, as opposed to guidelines, would be infinitely better. Unfortunately, the Maynooth report which was commissioned by the National University of Ireland, Maynooth, on the impact based on set-back distances as laid out in Deputy Penrose’s Bill would have left only 3% of the country viable for wind turbine development. If that is all that is viable then that is all that is viable. There are 200,000 acres of cut-away bog that is appropriate for the purpose. People must be protected. We are not anti-wind energy. That must be stressed at every opportunity. We are very much pro-wind but it is all about correct, proper and transparent planning and protecting communities. We have heard numerous concerns today and as Deputy Luke 'Ming' Flanagan said, every one of them could be addressed by appropriate set-back distances as per Deputy Penrose’s Bill. We would be in favour of the progression of the Bill from its initial Private Members’ status and into the public domain.

Mr. Daryl Kennedy

A number of questions were asked by Deputies Penrose, Naughten and Catherine Murphy on environmental impact assessments, EIAs, and how they would take place. It is important to point out that we have had significant challenges just trying to unravel what is supposed to happen, as dictated by the 1985 directive on EIAs. It is apparent even talking to senior planners in the local council that there is confusion in terms of what needs to be done. It now seems quite clear that the EIA directive would say that the environmental impact statement, EIS, which is produced by the developer as part of the planning application is then subject to an environmental impact assessment, not just the EIS but also that the competent planning authority would tackle all of the direct and indirect effects of the development on the environment. The 2006 guidelines cover landscape and some of the elements but it does not cover the impact on material assets. That is required under Article 3 of the EIA directive. It also does not examine the impact on humans.

In response to Deputy Penrose’s question on how it would happen on the ground, one would expect that the developer’s contract body would identify sensitive receptors within a certain distance of wind farms and that they would assess the current base level of health of those sensitive receptors. I will defer to Mr. Andrew Duncan from an auctioneer’s perspective but in terms of material assets one could perhaps look at the Revenue’s database for the current value of the material assets in an area and consider the impact on a radius of between 1 km and 2 km. One could get a baseline reading and look at the impact on material assets. What we are seeing at the moment is that when one looks at any token implementation of the EIA directive it is really birds and bats that are getting a better look in than humans. That is the clear context at the moment. Is the committee aware of a single example of where an EIS has looked at the night time noise guideline, for example, of 43 decibels and how that impacts on homes in the region proximate to a developed wind farm. I am not aware of any, but neither am I in a position to be. It is clear from the case in March 2011 in the European Court of Justice that there is a lack of formal implementation of the EIA directive. The directive is now in place but there are some weaknesses. Currently, we do not see an open and transparent mechanism for the impact on material assets, humans and flora and fauna and the interaction of those effects and how they can all be taken together. That does not fill us with confidence in the planning system because we cannot see that type of analysis being done.

That concludes our considerations. I thank the witnesses for engaging with the committee. I urge members to reflect on the exchange. We will return to the issue and discuss our views in private session next week. The views of members can be directed towards the clerk. The witnesses are free to go.

The joint committee went into private session at 4.05 p.m. and resumed in public session at 5.10 p.m.
Barr
Roinn