The following Energy practice note provides comprehensive and up to date legal information covering:
The National Policy Statement for Renewable Energy Infrastructure (the Renewables NPS) provides guidance on potential onshore wind farm impacts, including considerations for site selection and requirements for applications for development consent.
Electricity generated on site is directly affected by wind speed. Wind speed increases with height above ground level and the amount of electricity generated increases disproportionately with increases in the wind speed. This in turn affects the carbon emission savings and the commercial viability of the site.
Developers can calculate precise wind speeds before submitting a wind farm application by installing temporary anemometry masts on the site for 12 months or more.
To minimise noise and visual amenity impacts on residential areas, onshore wind farms should be located an appropriate distance from sensitive receptors.
Detailed pre-application consultation should be carried out to minimise the risk of landscape and amenity impacts on neighbouring communities.
Noise is generated not only from operation, but also from wind speed and general industrial noise.
If an Environmental Impact Assessment (EIA) is required, the Environmental Statement should include a noise assessment, as set out in the Overarching NPS for Energy.
The Renewables NPS promotes the use of the report 'The Assessment and Rating of Noise from Wind Farms (ETSU-R-97)', which provides a method of assessing the impact of noise from a wind farm on nearby residents. It recommends noise limits
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The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a tendency to•and is intended to
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. The key implications for civil appeals are set
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