Many wind farms across the UK have been responsible for noise complaints from wind farm neighbours. However, gaining resolution from this noise nuisance is proving to be virtually impossible.

Onshore wind power is not regulated in the same manner as other polluting industries operating in rural areas. Oversight being limited to the Local Planning Authority (LPA) Environmental Health department who are generally ill equipped, lacking the required expertise and poorly resourced to regulate industrial sites.

These LPAs have been reluctant to challenge wind farm operators or even enforce any noise related planning conditions due to a claimed lack of adequate government guidance and the financial risks of taking any enforcement action. Even when the wind turbine site is shown to be ETSU compliant, the noise complaints are not necessarily resolved.

The only legal route remaining for individuals is the use of Nuisance Laws through the courts. There are 2 possible ways of doing this:

1. Suing for Nuisance. This will almost certainly be in the High Court and likely to be prohibitively expensive.
2. Taking action in the Magistrates Court for Statutory Nuisance.

Experience to date shows that pursuing a noise complaint using Statutory Nuisance laws presents an unacceptable burden, financial as well as legal, on a private citizen and is destined to fail. Reasons for this are as follows:

• The only evidence that can be used must have occurred within 6 months of the start of proceedings.

• In England and Wales (but not Scotland) the proceedings are criminal so attract a much higher standard of proof and require the person prosecuting to comply with duties to disclose any evidence s/he is not using to the other side

• Initially, if proved, the Magistrates’ Court makes an Order requiring the defendant to stop the nuisance but if it continues, and further action is taken, the defendant has a defence that s/he has used “best practical means” to stop the nuisance.

As a result, complainants are forced to give up but continue to suffer the ongoing noise nuisance. Additionally, an unknown number of wind farm neighbours suffering from noise impact are not complaining because they:

• Know the complaint will not be resolved

• Fear a devaluation of the value of their home or difficulty in selling their home if they were to make a formal complaint as they would need to declare any complaints to a prospective buyer.

• Not aware of how to complain or not capable of making a complaint.

In order to ensure an effective pathway for dealing with wind turbine noise nuisance, the INWG has recommended to Government that industrial wind turbines should be licenced and subject to oversight by a national agency, such as the Environment Agency. Such regulation would make it easier to ensure a consistent approach and to maintain appropriate levels of technical competence nationally. This would bring wind power in line with other similar rural polluting industries.