Court orders independent state assessment of wind farm noise

Tallinn Administrative Court has annulled the Health Board’s decision to end state supervision of noise from the Saarde wind farm, ERR reported. The court said officials must not rely solely on studies commissioned by developers when making decisions affecting residents’ health.

The case began with a complaint from a local resident concerned about the possible health effects of the wind farm, which was built three years ago. The complainant challenged the Health Board’s decision to end its supervisory proceedings over the wind farm’s noise, as well as the decision issued in response to an appeal.

The complainant argued that the supervision was not independent because it relied on measurements commissioned by the developer, while the investigation and its reasoning were incomplete and failed to establish whether there was a possible health risk.

The court upheld the complaint, annulled both Health Board decisions and ordered the agency to continue its supervisory proceedings.

The court found that the Health Board had relied on paid measurements commissioned by the wind farm’s operator when ending its supervision. It said the Public Health Act in force at the time expressly prohibited providing activities directly related to state supervision as paid services. As a result, the impartiality of the supervisory proceedings had not been ensured.

The court also found that the agency had not substantively assessed whether the measurement methodology and scope were adequate, or whether they could identify impulsive noise, low-frequency noise and vibration. References to compliance with standards and equipment calibration did not sufficiently establish the reliability of measurements at frequencies below 20 hertz, because the calibration certificates did not confirm this.

The court noted that the Health Board had concluded that limit values were not exceeded while also recommending mitigation measures to prevent possible exceedances of target values. This increased the agency’s duty to provide reasons, but that duty was not fulfilled.

Court says state should fund studies

The court said the new Public Health Act also requires supervision and paid services to be kept separate. At the same time, the Health Board must ensure safety through independent supervision and, when necessary, explain why additional measurements are not needed compared with measurements commissioned by a developer for its own interests and purposes.

If supervisory proceedings show that legislation must be changed to ensure a health-supporting and safe environment, the Health Board has both the right and the statutory duty to make a corresponding proposal, the court said. The agency may also commission scientific studies to clarify the circumstances.

The court said that research into wind turbines, particularly the effects of infrasound on people living nearby, remains limited and “clearly insufficient” at present. Given the Health Board’s public health responsibilities, it said studies should evidently be commissioned and funded by the state rather than by companies interested in the results.

The nine-turbine wind farm in Saarde municipality had been operating for slightly more than a year when its developer, Utilitas Wind, commissioned a noise study in response to complaints from local residents. The Health Board carried out the study in autumn 2024, measuring both audible noise and infrasound.

“It turned out that the limit values were not exceeded. Neither the ultrasound measured in the outdoor environment nor the infrasound measured, so to speak, in people’s homes exceeded the limits,” Kadri Juhkam, head of the Health Board’s western region, said at the time.

Alongside the developer-commissioned study, the Health Board also conducted state supervision in response to residents’ health complaints. That procedure was ended in March 2025.