Sclenteuch: Residential Noise Amenity

1. Citizen’s Initiative UK wish to submit further New Evidence related to Noise issues on behalf of Save Straiton for Scotland and the Dunaskin Community Development Group.

It is our opinion that both South Ayrshire Council and East Ayrshire Council are not aware of this some or all of this Evidence, nor are they fully or truly informed as to the serious potential for harm. The Council’s uninformed consent to the building of the Sclenteuch development will have a greatly significant, negative impact on the residential amenity and health and well-being of the people living in and around Straiton, Patna and the Waterside areas.

1.1 Section 1 of this submission provides a synopsis of this New and Supportive Evidence. Section 2 provides a more detailed view of this new Evidence and how it relates to this application.

1.2 IARO Acoustic Report on Wind Turbine Noise in a Rural Sheep Farm in Scotland. The Synopsis and Executive Summary  Report & Annex can be downloaded from here

To date, this is the most comprehensive study undertaken in the UK, examining the full-spectrum soundscape in and around multiple homes of the Rural Sheep Farm, located within 7 km of five Wind Power Plants WPPs.

Current U.K. Government Policy on wind turbine noise does not measure, monitor or examine the full acoustic environment. It completely ignores the lower frequencies and denies that they could be problematic. This report examines scientific data gathered by the International Acoustic Research Organisation (IARO) and provides an explanation for the debilitating health effects developed in the nearby residents.

Current Scottish Government Policy facilitates an environment where: The Councils are unable and unwilling to action a Noise Nuisance case, and therefore there is no redress as a result of current planning policy, (other than expensive and lengthy private nuisance cases).

1.2.1 Rural Sheep Farm residents forced to remain in noxious and toxic environment.

Livestock developing unexplained reproductive problems.

Three hospitalizations required for 2 of the residents in 2023.

Vulnerable residents unprotected and ignored (autistic child, history of auto-immune diseases).

Ongoing reporting of unresolved debilitating health impacts.

Non-response from governmental authorities bordering on medical negligence.

1.2.2 The IARO Rural Sheep Farm Report documents scientific-grade, high-resolution recordings that were conducted at nine different locations within the Farm, from March 2022 to March 2023.

The goal of the IARO Report was to identify the acoustic disturbances that are causing ill-health among the residents and livestock.

Wind Turbine Acoustic Signature (WTAS) are trains of multiple pressure pulses, arriving regularly every 0.5–2 seconds, often reaching 20 dB above environmental background level, and that characteristically emanate from industrial wind turbines within the infrasonic range.

WTAS are acoustical phenomena that go undetected when routine noise assessments are conducted, but that are herein identified and quantified. IARO does not use computerized noise models, all data is based on field measurements.

1.3 Scientific analysis has also been undertaken in the vicinity of the proposed Sclenteuch WPP, Document IARO23-C, and already shows evidence of WTASs from multiple WPPs.

1.4 Scientific analysis has also been undertaken in the vicinity of Blackcraig WPP and shows evidence of WTASs from WPPs1

1.5 Peer Reviewed evidence supporting the IARO reports has already been submitted as Appendix 8 CD Save Straiton 11 IARO chapter 85225

1.6 It is of note that this application is a RES development.

The offending, unresolved complaint about WPP A in the Document IARO23-C1-Redacted Rural Sheep Farm in Scotland is a RES development.

1.7 PPA-170-2172. In the very recent decision, dated 11 March 2024, to dismiss the appeal and refuse planning permission, reference: PPA-170-2172 at Garcrogo Hill and Barmark Hill, Corsock), the Reporter at paragraph 31 states:

31. 	The representations raise concerns regarding infrasound or low frequency sound. I am required to apply ETSU-R-97 and the good practice guide and neither provide a mechanism to assess or deal with this. The determination of a planning application does not offer a means to create such guidance. Consequently, it is not possible to conclude whether this development would either generate this effect or if it would adversely impact on residential amenity. The council does not recommend any conditions to mitigate any effects relating to this and I do not consider there is any justification for me to consider such an approach in this case.

Scottish Planning Policy is deemed to protect the health and well-being and residential amenity of neighbours regarding all new developments. It is, therefore, unacceptable when evidence is persistently presented (through consultations, at public inquires, through objections and complaints) that action is not immediately taken by government to halt developments and fully investigate the full acoustic environment and its impact on health.

1.8 THE HIGH COURT [2024] IEHC136 [2018 8457 P] BETWEEN:MARGARET WEBSTER AND KEITH ROLLO PLAINTIFFS AND MEENACLOGHSPAR (WIND) LIMITED DEFENDANT AND [2018 8458 P] BETWEEN:ROSS SHORTEN AND JOAN CARTY PLAINTIFFS AND MEENACLOGHSPAR (WIND) LIMITED DEFENDANT JUDGMENT of Ms. Justice Emily Egan delivered on the 8th day of March 2024

1.8.1 This is a very significant recent ruling in the Irish High Court:

6. ….It should be noted that this is the first private nuisance claim in relation to WTN [wind turbine noise] that has run to judgment in this jurisdiction, or it appears in the United Kingdom. The only comparable authority cited to me by the parties is a judgment of the Supreme Court of Victoria……..  Bald Hills T0145

1.9 French Council of State annuls wind turbine permits, major impact on energy future

Paris, March 9, 2024 – In a landmark decision, the French Council of State has ruled that authorizations for onshore wind turbines and rules for the renewal of wind farms are illegal. The decision comes after a legal challenge brought by the Fédération Environment Durable and 15 associations.

1.9.1 Scope of the cancellation:

The Council of State annulled all provisions concerning the three successive versions of the noise measurement protocol that was supposed to protect the health of local residents. The decision affects not only current authorizations and projects but could also call into question existing wind farms.

1.10

Aarhus case ACCC/C/2012/68 was successful in that the UK was found to be in breach of Article 7 of the Aarhus Convention. Discussed at length at an FOI Conference Holyrood 5th December 2013

The Scottish Government disputed this and their rejection reasoning is still a matter of interpretation.   The decision should have the effect of forcing developers to make far more comprehensive ‘benefit statements’ with their planning applications and governments required to back up claims about the alleged benefits. That has not happened.  There is still no proof of claims made relating to the saving of CO2 emissions etc., or any provision of proof that the rising numbers of peer reviewed reports on the negative health impacts upon the population from WPPs are incorrect. Reports of harm from victims continue to be

largely ignored and few G.P.’s are even aware of the potential problems let alone requested to consider the health implications of living in close proximity to Wind Turbines.

1.11 Evidence was presented to the Scottish Government by the Tharpaland Monks

In 2012, the monks submitted evidence to a Scottish parliamentary inquiry into the government’s renewable energy plans. This included the Executive Summary . This report and recommendations were totally ignored, the monks were bought out by SPR and many wind turbine neighbours have gone on to suffer. Buddist monks study effects_of_windfarms_

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