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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Hulme, R (on the application of) v Secretary of State for Communities & Local Government  EWHC 637 (Admin) (19 March 2008)
Cite as:  EWHC 637 (Admin)
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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|THE QUEEN ON THE APPLICATION OF HULME||Claimant|
|SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT||Defendant|
WordWave International Limited
A Merrill Communications Company
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
Mr P Brown (instructed by Treasury Solicitors) appeared on behalf of the Defendant
Crown Copyright ©
"Data had been filtered and instances of unexpected peaks removed."
"All operational windfarm noise impact assessments have been undertaken in accordance with the guidance and procedures set out in the relevant documents,"
"So-called 'infrequent noise' such as flail hedge trimming is supposed to be eliminated from the recorded data before deriving the permissible noise emission limits. Dr Bullmore informed me that these types of noise are eliminated by, firstly, comparing the day and nighttime data and then manually removing anomalies. There is an element of subjectivity in this process."
"Having reviewed the submissions, I am content that the background noise levels have been suitably established in accordance with ETSU-R-97 methodology and that the calculations in the environmental statement, even after the modification according to the rebuttal evidence, indicates that an acceptable noise environment will prevail, both at this property and by extrapolation at others more distant from the proposed turbines."
"The level of noise emissions from the turbines, as measured below, at any lawfully existing flow, shall not exceed (a), between 7 and 2300 hours on any day, the greater of 37.5 dBL(A)9010 minutes, or 5 dB(A) above the quiet waking hours, day, time, background noise level at that property, or (b), between 2300 hours on any day and 07 hours on the following day. The greater of 43 dBL(A)9010 minutes or 5 dB(A) above the night hours background noise level at that property ...
"At the request of the local planning authority, following a complaint to it, the developer shall measure the level of noise emissions resulting from the operation of the turbines, in accordance with the methods recommended in section 2 on pages 102 to 104 of ETSU-R-97. Wind speed shall be measured on site and referenced to a height of 10 metres. Where it is necessary to convert between measured wind speeds and the wind speed at 10-metre height, this conversion be shall be undertaken using the methodology to be agreed with the local planning authority. The terminal noise should be assessed and noted in accordance with the advice contained in sections 2.0 and 2.1 on pages 103 to 109 of ETSU-R-97. The developer shall supply wind speed and direction data to, and at the request of, the local planning authority to enable it to evaluate measurements made by the developer and to satisfy the foregoing requirements of this condition."
"'Background noise level' means the background noise levels as reported in 9.5 to 9.8 of the environmental statement, volume 3."
"I accept Mr Morshead's submission that conditions should not be construed narrowly or strictly, nor should they be construed contra proferentes the local planning authority. Rather, they should be construed in a benevolent manner. Construing them in such a manner will mean that the court should be astute to ensure, if at all possible, that conditions are not so interpreted that they are imprecise and unreasonable."