The Court of Appeal has set a date of 24th / 25th July to hear the APPEAL that noise issues relating to the Den Brook Valley Wind Farm and issues relating to the application of planning balance were not fairly addressed at the Planning Inquiry and at the High Court (Judicial Review) Hearing in March.

At the Hearing, the Judge severely criticised RES for failing to hand over background noise data used in its assessment of how much noise the Den Brook turbines were expected to produce. This data was NOT publicly available at the time of the Planning Inquiry and had not been made available since. However, he also held that there was not enough evidence to show that local residents had been prejudiced or that the turbines would create a noise problem.
 
Following that judgement, and a further written request by local resident Mr Mike Hulme, RES finally handed over the data only a few weeks ago. Since then Mr Hulme and professional experts have been carrying out a preliminary analysis of the data.

This investigation has shown that there are not only basic and serious errors in the data used but also in RES’s assessment of it. Errors that mean the noise impact of the development is actually greater than stated by RES at the Planning Inquiry and also that the protective noise limits contained in the Planning Permission are set too high. 

Consequently, the Den Brook noise assessment now has a critical question mark hanging over it. Evidence from other wind farms shows that turbine noise CAN cause serious problems for local residents. Ever increasing evidence from other sites also confirms that turbine noise CAN impact on properties much further afield than RES has so far acknowledged.

The fact that permission has been given to take the claim to the Court of Appeal indicates there is strong case to answer – but nevertheless, as with all legal cases, it is vital to ensure there are funds in place to cover every outcome. Estimates are that a fund of at least £20,000 is required to underwrite costs at the Court of Appeal and funding and pledges to cover this are URGENTLY needed.

Support for the case to date has been tremendous, both from the local community and much further afield, showing the depth of feeling and concern over the building of an industrial scale wind turbine power station so close to people's homes. We have to defend our environment against this defective planning approval. Please help NOW by donating whatever you can.

Donations to the Appeal fund (made out to ‘Den Brook Judicial Review Fund’) should be sent to DBJRF c/o Nick Jewell, Lynderies, Heath, Spreyton EX17 5AN.

THANK YOU FOR YOUR SUPPORT.

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