Category Archives: Lack of municipal power in planning

Noise from wind turbines may cancel a Sale

good neigboursParis – The noise of new wind turbines may justify the cancellation of the purchase of a house if the buyer claims it.

The purchaser, faced with this nuisance, may in fact invoke his own misjudgment which has vitiated his consent, especially if he has been preoccupied with the environment before buying, judges the Court of Cassation.

Although no one is at fault, the error of one of the parties leads to a defect in his consent which justifies the handing over of things to their former state, that is to say the reciprocal restitution of the house and its price, Admit the judges.

Since the construction of wind turbines is not a question of town planning, it may not be reported as such to the future purchaser, To inform the city council on urbanism projects, observes the judges.

This future purchaser can not therefore complain that it has not been reported to him. It would have been necessary to ask precisely the question of a project of installation of wind turbines. But in any case, even informed of the project, the seller could make a mistake as to the significance of its consequences.

In short, the seller, purchaser, notary and administrations are excusable because, knowing the project, nobody could imagine the magnitude of the nuisance. It was only when they appeared that the purchaser could see that if he had known, he would not have bought. 

(Cass Civ 3, 29.6.2017, Z 16-19.337)

This future purchaser can not therefore complain that it has not been reported to him. It would have been necessary to ask precisely the question of a project of installation of wind turbines. But in any case, even informed of the project, the seller could make a mistake as to the significance of its consequences. In short, the seller, purchaser, notary and administrations are excusable because, knowing the project, nobody could imagine the magnitude of the nuisances. It was only when they appeared that the purchaser could see that if he had known, he would not have bought. (Cass Civ 3, 29.6.2017, Z 16-19.337). (© AFP / 07 July 2017 09h55)

Installation of wind turbines. But in any case, even informed of the project, the seller could make a mistake as to the significance of its consequences. In short, the seller, purchaser, notary and administrations are excusable because, knowing the project, nobody could imagine the magnitude of the nuisances. It was only when they appeared that the purchaser could see that if he had known, he would not have bought. (Cass Civ 3, 29.6.2017, Z 16-19.337). (© AFP / 07 July 2017 09h55)

While knowing the project, no one could imagine the extent of the nuisances. It was only when they appeared that the purchaser could see that if he had known, he would not have bought. (Cass Civ 3, 29.6.2017, Z 16-19.337). (© AFP / 07 July 2017 09h55)

Google translate Original text in French:

Link to Court Decision

Le bruit des éoliennes peut annuler une vente  

french wind project
Installation of wind turbines in France

Windlectric Fails to bully Council over Amherst Island Wind

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Loyalist Township Council Resists Bullying By Algonquin Power
Stella, May 30, 2017

The Association to Protect Amherst Island (APAI) applauds Loyalist Township Council’s decision to defer approval of Windlectric’s Operations Plan for the Amherst Island wind turbine project. Council resisted pressure from Algonquin Power to approve a Plan that in Windlectric’s own words, anticipates “Structural failure of lsland roads”.

On May 29, 2017, Mr. Jeff Norman, Chief Development Officer for Algonquin Power wrote:

“Due to the differences separating Windlectric and the Township, Windlectric can see no basis on which arbitration can be avoided on some of the issues identified in the Staff Report. Accordingly, Windlectric will have no choice but to commence arbitration proceedings under Part X of the RUA (Roads Use Agreement) if the OP (Operations Plan) is not approved by Council on May 29, 2017.”

APAI congratulates Council for choosing the public interest over Windlectric’s business interests by deferring at its May 29th meeting the Operations Plan pending receipt of:
a. legally supported definition of the extent of the Township’s road allowance, to the satisfaction of Loyalist Township;
b. the confirmation that the width and capacity of the Township’s road allowances will support the construction and related detours as outlined in the Operations Plan, to the satisfaction of Loyalist Township; and
c. that the issues noted by G.D. Jewell [Loyalist Township’s engineering consultant] be addressed to the satisfaction of Loyalist Township.

In its submissions to Council, APAI emphasized that:
• the fifth version of Operations Plan finally acknowledged that the lsland roads do not have the load bearing capacity to support the heavy equipment required for the wind turbine project and that structural failure of lsland roads is anticipated in section 2.6 titled “Potential Road Failure”. APAI asserted that it was inconceivable that Windlectric expected Council to approve a Plan that anticipates the total failure of roads on Amherst lsland, putting lives and the environment at risk.
• Windlectric’s Plan also fails to comply with commitments made to the Environmental Review Tribunal as Windlectric now plans to widen all haul routes to 6 m. This is totally contrary to the three minor and temporary widenings on which the ERT based its decision.
• the Operations Plan should be amended to place the onus on
Windlectric to comply with the Renewable Energy Approval Conditions of Approval, all federal, provincial, municipal laws, and commitments made before the Environmental Review Tribunal.
Windlectric’s Marine Logistics Plan fails to demonstrate how 24 barge trips per day crossing the ferry path can possibly be safe. According to the Operations Plan, two barges carrying fuel, hazardous materials, heavy equipment, turbine parts and personnel will cross the ferry path twenty four times per day from September to April.

APAI’s submission also addressed a long list of significant and very troubling matters including resolution of the important and complex issue of forced roads, the lack of baseline testing of residents’ wells for water quality and rate of flow, and Windlectric’s request for a blanket exemption to the Township Noise Bylaw.

The Amherst Island Wind Project has already caused a major power outage on the lsland, a fuel spill, and a water emergency in Prince Edward County. Consequently, it is reasonable that Council insist on absolute compliance without exception to protect the public and the environment.

APAI commends the expertise, tenacity and due diligence of Township staff and congratulates Council for standing firm in the face of bullying by Algonquin Power until the Operations Plan addresses all outstanding issues.

Contact: Michèle Le Lay
President, Association to Protect Amherst Island
protectai@kos.net

SOURCE (emphasis and links added)Association to Protect Amherst Island

“Windlectric’s proposed haul route on South Shore for heavy equipment, turbine parts and concrete trucks – 10,322 trucks! The scene by Peggie’s house this morning Monday May 29. Windlectric says roads will fail and has finally discovered what Islanders have known all along: Island roads do not have the load bearing capacity for an industrial turbine project.
Be careful out there: South Shore is closed by Bruce and Andrea’s. South Shore to the east is being pounded by waves and the eroded bank may collapse”  FaceBook, May 29, 2017   Caption on photos corrected:  Road damage shown due to high water levels 

Motion to Halt Industrial Wind Turbines- Queen’s Park

sam oosterhoff- queens park
Motion tabled at Queen’s Park to halt industrial wind turbines by MPP Oosterhoff

(Queen’s Park)  April 6, 2017

Niagara West-Glanbrook MPP Sam Oosterhoff :
“The Liberal government forced turbines on municipalities across rural Ontario against the wishes and concerns of residents and communities such as West Lincoln,” said Oosterhoff. “This stubborn initiative of the Liberals shows no respect for municipalities or for the ordinary concerns of Ontarians.”
“Industrial wind turbines are one of the causes of our sky-rocketing energy costs because of the unaffordable contracts made by the Liberals,” noted Oosterhoff. “Heat or eat is not a decision people should have to make.”
“The Liberals have a long history of ignoring municipalities and local residents. The NDP pretend to support local decision-making, but instead they supported the legislation that left municipalities without a voice on the placement of industrial turbines,” said Oosterhoff. “Tomorrow, they will have a chance to make amends and show respect for our communities by voting for my Motion.”
Motion:
“That in the opinion of this House, the Government should place a moratorium on the installation of industrial wind turbines in unwilling host communities in the Province of Ontario.”
Debate on the Motion:   
Media Articles:
Recorded vote:
vote of IWT motion

Don’t throw turbine neighbours under the bus

thrown_under_the_busHuron Daily Tribune

Wednesday April 5, 2017

To the editor:

You’ve heard that wind turbines are no louder than refrigerators at 40 decibels? That measurement is taken a foot or two away from the bottom of the refrigerator.

If 40 decibels is acceptable to you, then maybe refrigerators should be installed on your night stand next to your bed. Please make sure the refrigerator is set to turn on and off, on and off every two seconds to simulate the wind turbine blade’s movement. Do you really think that two-second intermittent noise all night long will lull you to sleep?

The scientific studies referred to by wind energy companies are often wind energy-funded studies. And when recent studies from many independent researchers are published that comment on audible noise, pulsation/vibration, and shadow flicker affecting nearby residents, the wind faction is quick to dismiss, trivialize, debunk, and simply ignore that information.

Michigan State University has been promoting sample zoning for wind energy systems that was highly permissive toward wind development and darn near hostile to neighbors of wind turbines. The animosity created in communities with unsafe wind development favoring wind developers may take years to disappear.

It’s a brand new ball game because, on March 6, MSU released its new wind energy sample zoning regulations. MSU researchers don’t condone prohibiting turbines. They condone safe setbacks.

The study informs the uninformed about wind development and reasonable land use regulations. These new recommendations are extremely important and confirm all of the things so many people in Michigan have worked so hard for.

Here are some highlights of the MSU recommendations:

Sound Level — On-site use wind energy systems shall not exceed 40 dB(A) at the property line closest to the wind energy system. This sound pressure level may be briefly exceeded during short term events such as utility outages and/or severe wind storms.

One MSU recommendation is a turbine setback of 2,500 feet from the property line of any parcel which is not receiving compensation for the Utility Grid Wind Energy System.

And, to show how wind energy is losing its grip in Michigan, here is a recent straw poll: In Ingersoll Township, Michigan (just south of Midland), board officials took a poll of 88 people at their March 22 board meeting. Results?

• 75 against wind development in township

• 3 for wind development in township

• 10 undecided

The money a community can make and the money a large landholder can make certainly is important. But, it’s the only bullet the pro wind faction has. However, to allow so many large landholders a financial gain is to throw the neighbors of wind turbines under the bus.

Norm Stephens

Caro

WindTurbinesComparision_BySchindler

New wind energy resource for planning commissions; Michigan State University

MPP Oosterhoff tables motion to Stop Industrial Wind Turbines

sam oosterhoff- queens park
MPP  Niagara West-Glanbrook: Sam Oosterhoff    Legislative Assembly of Ontario

Today, I tabled a motion in the Legislature to place a moratorium on industrial wind turbine development, that will be debated this coming Thursday, April 6. Queen’s Park

SHARE this post if you want to see the Liberals stop the wind turbines!

Across Niagara, and across the province, residents and municipalities have seen industrial wind turbines shoved down their throats by a government that fails to recognize local decision making.

My motion reads as follows:

“That, in the opinion of this house, the Government should place a moratorium on the installation of industrial wind turbines in unwilling host communities in the Province of Ontario.”

MPP Sam Oosterhoff for Niagara West-Glanbrook

Wind Turbines --- say NO

Wind Infrastructure and Fatal Collisions

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Who is liable?

It can no longer be said that wind infrastructure placements are an accident waiting to happen.  Guardrails, junction boxes and monster transmission poles are all part and parcel of any wind powered installation. Under the Green Energy Act normal planning controls have been removed from the jurisdiction of local municipalities. This has seen transmission poles placed precariously close to road edges in the right of ways along our public roads.  These “engineered” marvels are more then visual blight or examples of questionable planning as they are claiming human lives in multiple fatal collisions.  Recently a transmission pole owned by Kerwood Wind ILP project which is a subsidiary of NextEra was involved in a collision that claimed the life of the car driver and resulted in serious injuries to the passenger .

READ HERE: http://www.strathroytoday.ca/default.asp?pid=9149287&wireid=02598_Kerwood_Road_Fatality_072156#.V_4p2GvbakF.twitter

(Photos Courtesy of Ontario Wind Resistance: Infrastructure located in Kent- Lambton- Middlesex for the wind projects)

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MPP Monte McNaughton of Kent- Lambton- Middlesex wrote to Minister of Energy Glen Thibeault asking Who is liable?

Letter to Minister of Energy from MPP McNaughton; Nov.10.16

 

The Green Energy Act is Undemocratic

 

rights-and-responsibiltiesMayor Higgins of North Frontenac has petitioned in Ontario court to be an intervenor in the Judicial Review (JR) application filed by CCSAGE Naturally Green (over the approval granted for the White Pines project in Prince Edward County). Green Energy Act removes Municipal government’s authorities over the placement and operations of renewable energy projects.  Renewable Energy projects and installation of wind turbines have devastated rural communities in a manner that urban areas are not subject to.

The purpose of the JR is to ask Ontario Superior Court questions of law about the burden imposed, processes followed, biases and Constitutionality surrounding the Green Energy Act (GEA). The GEA is the legislation that creates Renewable Energy Approvals required to authorize wind projects. GEA: https://www.ontario.ca/laws/statute/09g12

“The JR has the potential to help protect all rural Ontario from the continued onslaught of these industrial machines. If you are an organization, coalition or individual anywhere in Ontario who has suffered as a result of actual or threatened installation of turbine projects, you may be able to assist in one of two ways. One, by applying to the Court for status as an Intervenor for which a lawyer is required for those incorporated, and, two, by providing us with an affidavit containing information not otherwise already dealt with”.

APPLICATION FOR JUDICIAL REVIEW – AN EXPLANATION: https://ccsage.wordpress.com/gea-judicial-review/

Mayor Higgins Motion for Intervener Status

 

 

 

 

Random Niagara Wind- A Lousy Neighbour

What are they thinking?  Look at the following pictures of the guardrails being installed in West Lincoln for the Niagara Wind project to protect their hydro poles.  They are taken as if viewed while driving north from Smithville and show the random and lack of a consistent pattern in guardrail installation at various locations:

1

 

Some guardrails are many feet past the hydro poles and some are

even shorter…

 

 

Coming into the bend…

2

In the middle of the bend…3

 

 

 

 

 

In front of the neighbour’s house…4

Coming out of the turn! Come winter this could be a real danger! People coming out of the turn could slam right into this mess…5

 

 

 

 

This picture is heading south …6

Final photo of today’s drive- The section of guardrail doesn’t even cover the  hydro pole!

(but it sure does”enhance” the value of the neighbour’s frontage)

7

Wind projects make lousy neighbours.

Turbine Collapses when is it too close?

PointTupper_Canada_Enercon-20160822111754578

August 17, 2016 in Nova Scotia an Enercon turbine collapsed. The technician working in the turbine was able to exit the turbine safely.

Source: http://www.windpowermonthly.com/article/1406395/enercon-investigating-turbine-incident-Canada

“Enercon has launched an investigation into the collapse of a turbine at the 23.3MW Point Tupper wind farm located close to Port Hawkesbury in Nova Scotia, Canada.

The German turbine manufacturer said the incident, which occurred during a component exchange last Wednesday, triggered an evacuation alarm before the turbine collapsed and that nobody was injured.

The wind farm was developed by a joint venture between Canada’s Renewable Energy Services, which is the controlling shareholder, and Nova Scotia Power.

It uses Enercon E-82 and Enercon E-48 turbines, although Enercon did not specify which model was involved in the collapse.

“With close to 1000 wind turbines installed in Canada over the course of the last 15 years, this is the first time that such an event has occurred,” Enercon said in a statement.

A technical team is probing the incident, which did not occur during regular operations and is “undoubtedly an isolated one”, Enercon said…”

READ MORE: http://renews.biz/103859/enercon-probes-canadian-collapse/#.V7srAMS-P6U.twitter

A dramatic multiple turbine collapse event involving 8 Enercon turbines occurred in Brazil during an extreme weather event in 2014.

Source: http://www.portal-energia.com/forte-tempestade-derruba-8-aerogeradores-em-parque-eolico-no-rs-brasil/

The issue of turbine failures,setbacks to homes and safety was heard at the tribunal appeal hearing challenging the renewable energy approval granted for the Niagara Wind project.  The community was assured by their experts that catastrophic turbine failures and component liberation are rare events and the setbacks in the project are adequate.

The chart below is taken from the closing written reply of Mothers Against Wind Turbines and gives the reader an idea of how close the 3MW Enercon 101 turbines of 124m in height are placed to homes in the Niagara Wind project.

Ontario’s 550 metre setback and noise limits are waived if you agree to host a turbine on your land.  Something to ponder in light of the recent “isolated” event.

155. Participating receptors predicted noise exposure levels as extracted from the Niagara Region Wind Farm Noise Assessment Report, September 30, 2014   often exceed the 40 dBA worst case sound power level thresholds detailed in the chart below:

“P” stands for participating

 

Receptor Number

 

Sound Limit in dBA

 

Distance to Closet Turbine

 

Closet Turbine

 

Page of Noise Assessment Report

P1191 40.6 529 m T75 Pg.40 of 291
P1235 41.3 451m T75 40
P1562 41.5 370m T36 40
P1610 42.7 429m T36 40
P1666 46 253m T65 40
P1688 40.6 612m T01 40
P1703 41.7 488m T65 40
P1711 40.3 702m T01 40
P1765 41.4 590m T76 40
P1846 41 629m T76 40
P1848 41.5 427m T55 40
P1872 41 593m T76 40
P191 43.4 336m T88 40
P1981 40.2 671m T76 40
P2293 40.2 573m T31 40
P2529 40.5 446m T56 40
P2548 40.9 632m T33 40
P2550 40.9 693m T34 40
P2579 43.8 380m T33 40
P2590 45.4 280m T35 40
P2614 41.4 693m T02 40
P2636 40.6 506m T35 40
P2640 41.1 510m T23 40
P3160 40.4 564m T18 40
P3171 40.3 574m T60 40
P3893 41.7 425m T24 41
P3897 42.1 398m T04 41
P411 40.4 563m T51 41
P439 40.3 546m T39 41
P580 40.1 537m T90 41
P595 44.7 299m T94 41
P689 44 289m T07 41

Don’t Shove Wind Turbines Down Our Throats!

prince edward county farmThe Mayor of Prince Edward County is going to this week’s conference of the Association of Municipalities of Ontario with a focus that won’t be surprising to those who follow the goings on in The County.

Robert Quaiff says a group of communities, including Prince Edward County, will again be telling the
provincial government that regulations must change with regards to big industrial wind turbines.

READ AT: http://www.quintenews.com/2016/08/dont-shove-turbines-throats/123657/