Wind Farm Noise and Visual Impacts: NSW Government is for more Control

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1 Wind Farm Noise and Visual Impacts: NSW Government is for more Control On 3 August 2016 a new draft framework for the assessment of wind energy projects has been released for public consultation. The draft new wind energy planning framework consists of the following documents: Wind Energy: Assessment Policy; Wind Energy: Noise Assessment Bulletin; Wind Energy: Visual Impact Assessment Bulletin; and Wind Energy Framework Standard Secretary's Environmental Assessment Requirements. Wind Energy: Assessment Policy The Wind Energy: Assessment Policy (Policy) provides guidance to all stakeholders on the planning framework for the assessment of large scale wind energy developments that are a State Significant Development (SSD). The New South Wales Government's intention is that the Policy becomes a key reference document in decision making and it will apply to all applications (and modification applications) for development consent for an onshore SSD wind energy development in the state of New South Wales where the Secretary's Environmental Assessment Requirements (SEAR's) were issued after the date of the publication of the policy. The Policy recognises that the two key issues in wind energy developments are visual and noise impacts (although it notes other impacts) and accordingly refers to the more detailed Wind Energy: Noise Assessment Bulletin and Wind Energy: Visual Impact Assessment Bulletin. The Policy also provides provision in relation to shared benefits and negotiated agreements and suggest a preference for voluntary planning agreements for the establishment of community enhancement funds or other benefits. Noise Assessment Bulletin The stated objective of the Noise Assessment Bulletin is to ensure that noise impacts are appropriately identified, avoided, mitigated and managed. The draft SEAR's require an Environmental Impact Statement (EIS) to assess wind turbine noise in accordance with the Noise Assessment Bulletin. The New South Wales Government has adopted the South Australian EPA's Windfarms Environmental Noise Guidelines 2009 (SA Guidelines) which form the basis of assessment methodology for wind energy projects. 1

2 The SA Guidelines are currently referred to in many SSD wind farm consents. In addition to the SA Guidelines some stricter requirements have been added for New South Wales wind energy developments, for example: Stricter base noise criteria proposed regardless of context, unlike in SA where a more lenient standard is applied in land use zones associated with high intensity farming practices. The Bulletin adopts of a noise criteria of 35 db(a) after adjustment for tonality and low frequency noise at all non-associated residences or background noise level +5 db(a) whichever is the greater at all relevant receivers for wind speed from cut-in to rated power of the wind turbine generator and each integer wind speed in between (excludes associated residences or residence with a relevant agreement with the proponent). The introduction of a tonal characteristic penalty for excessive tonality, a penalty which adds 5 db(a) to measured noise levels - that is deeming the measurement 5db(A) higher for compliance purposes. The tonal penalty applies only if tone from the turbine is audible at the relevant receiver. If excessive low frequency noise is found to be a repeated characteristic of wind turbine noise 5 db(a) should be added to predicted or measured noise levels. Noise assessment must assess the potential for non - associated residential receiver locations to experience low frequency noise levels exceeding 60dB(C). When compliance checking noise level is to be adjusted where excessive levels of tonality, low frequency noise or a combination of both is identified to a maximum adjustment of +5 db(a). In contrast with South Australia, in the monitoring phase, noise compliance checking procedure does not require any set minimum quota of data to be drawn from the worst case wind direction, reflecting the fact that New South Wales worst case wind direction rarely occurs in some parts of New South Wales. The SA Guideline and the Noise Assessment Bulletin will not apply to properties where there is a noise agreement with a landowner. Visual Impact Assessment Bulletin (VIA Bulletin) Because visual impact isn't necessarily site specific and a particularly subjective phenomena, the VIA Bulletin focuses upon consultation and the visual, social and cultural importance the local community places on certain aspects of the environment. Arbitrary buffer zones or prescriptive rules (such as set buffer zones for turbine placement based purely on turbine height) have been abandoned in favour of this community centric merit 2

3 purposed approach. The draft SEAR's require that an EIS carries out a visual assessment in accordance with the VIA Bulletin. The VIA Bulletin breaks the visual impact assessment into two new phases; preliminary environmental assessment; and assessment and determination. Preliminary environment assessment The VIA Bulletin requires that proponents submit, with a request for SEAR's, a preliminary environmental assessment that includes a map with key information and results of community consultation on the results of the application of the preliminary screening tools. This will form the basis for the issue of the SEAR's that will identify the matters that must be addressed in the EIS. The VIA Bulletin details the requirements of the preliminary environmental assessment pre-lodgement stage. The preliminary screening tools involve rapid analysis of two key visual parameters which are applied to residential viewpoints in the study area being: 1. Visual magnitude, which requires mapping residential dwellings and proposed turbines at scale so that potential visual magnitude of a turbine relative to that residence can be established. This is based on the height of the proposed wind turbines to the tip of the blade and distance from residential dwelling shown in Figure 1 of the Bulletin (included below). The use of this tool will determine whether further detailed consideration of the visual impacts of a particular turbine is required with those turbines plotted below the line requiring more detailed investigation, assessment and mitigation of impacts. Figure 1: Preliminary Screening Tool Part 1 indicating potential visual impacts for further detailed consideration 3

4 2. Multiple wind turbine tool, which provides a preliminary indication of potential cumulative impacts arising from the proposed wind energy development. This requires mapping in 6 sectors of 60 sectors of any proposed, existing or approved turbines within 8km of each residence. If turbines are present in 3 or more sectors, the proponents must identify the turbines and relative residential viewpoint and submit these as part of the request for SEAR's. See Figure 2 on page 7 of the Bulletin (included below) showing residences which have a turbine in 3 or more 60 sectors. Figure 2: Preliminary Screening Tool Part 2 indicating multiple wind turbines The use of the new preliminary screening tools of visual magnitude and cumulative impact will not rule particular development acceptable or unacceptable but identify which turbines need to be more carefully considered in the EIS and in the consultation processes. Assessment and determination In the second stage a visual impact assessment must be provided as part of the EIS and include a visual baseline study to establish 'visual influenced zones' informed by unique factors like the character of the area and the subjective importance of particular elements of the landscape to the community, which forms a baseline for subsequent assessment. A draft visual baseline study must be the subject of public consultation. The VIA Bulletin also provides visual performance objectives which will provide guidance as to whether impact mitigation strategies may be most appropriate for each part of the development. The Visual performance objectives detailed in the VIA Bulletin are: Visual magnitude; 4

5 Landscape integrity; Key features disruption; Multiple wind turbine effects; shadow flicker an blade glint; and Aviation hazard lighting. The VIA Bulletin suggests that in some circumstances it may be appropriate for proponents and landholders to negotiate agreements regarding the management of visual impacts (attachment A of the wind energy assessment policy provides general advice on negotiating agreements). The VIA Bulletin notes that conditions of consent may include minimising night time lighting, colouring wind turbine components, undertaking onsite and off-site landscape treatments, deletion of specific wind turbines and voluntary acquisition for significantly affected landholders. Comment The New South Wales Government is attempting to balance community and industry interests by taking a riskbased approach to the assessment of impact from wind energy development. The focus is on early consultation for noise and view impacts. The real change proposed by the new wind energy planning framework is stricter requirements in relation to visual impact assessment and consultation. While visual impact assessment was previously required the method of assessment and consultation was not as prescriptive or detailed as is now proposed. The New South Wales noise controls on wind energy developments are more stringent than other jurisdictions, as shown in figure 1 from page 3 of the noise assessment bulletin (Figure 1, below). Figure 1: conceptual diagram showing representative distances at which a range of noise objectives may be achieved 2 (modelled using ISO algorithm for 3 typical turbines directly upwind of receivers). 5

6 If you wish to make a submission on the exhibition of the wind energy framework will close on 16 September You can view the framework online at: This article was written by Jane Hewitt, Partner and Simon Hill, Graduate. If you have any queries or would like further information on the impact on your organisation please contact Jane Hewitt or Peter Dreher on the details below. JANE HEWITT Partner - Planning, Environment and Government P: E: jhewitt@hwle.com.au PETER DREHER Partner - Energy and Resources P: E: pdreher@hwle.com.au 1. Figure 1 - Page 6 Wind Energy: Visual Impact Assessment Bulletin; Draft for Consultation August NSW Planning and Environment 2. Figure 2 - Page 7 Ibid 3. Figure 1 - Page 3 Wind Energy: Noise Assessment Bulletin Draft for Consultation August 2016 NSW Planning and Environment. 6