Court: State must assess wind farm noise independently of developers

The Tallinn Administrative Court overturned the Health Board's decision to end state supervision of noise from the Saarde wind farm. The court ruled that officials may no longer rely solely on studies ordered by developers when making decisions that affect residents' health.
The dispute began with a complaint from a local resident who was concerned about possible health effects from the Saarde wind farm in Pärnu County, built three years ago.
The complainant challenged the Health Board's decision to end state supervision of noise at the Saarde wind farm and the ruling on the objection filed against that decision. The complainant argued that the supervision was not independent because it relied on measurements ordered by the developer, the investigation and reasoning were insufficient, and the possible risk to residents' health was not determined.
The Tallinn Administrative Court upheld the complaint, annulled the Health Board's decision and the objection ruling, and ordered the Health Board to continue the supervision procedure.
Impartiality was not ensured
The court found that the Health Board relied on paid measurements ordered by the wind farm operator when ending supervision. The court noted that the public health law in force at the time prohibited providing services directly related to state supervision as paid services, meaning the impartiality of the supervision procedure was not ensured.
The court said the agency did not adequately assess the measurement methodology or scope, nor whether the measurements made it possible to detect impulse noise, low‑frequency noise and vibration. Referring to compliance with standards and equipment calibration did not prove the reliability of the measurements, especially below 20 hertz, because calibration certificates did not confirm this.
The court said officials concluded that limit values were not exceeded while at the same time recommending mitigation measures to avoid possible exceedances of target values. This increased the obligation to provide justification, which was not met.

State must fund studies
Under the new public health law, supervision and paid services must also be kept separate, but the Health Board must ensure safety under independent supervision and, when necessary, explain why additional measurements beyond those ordered by the developer are not needed.
The court also found that if, during supervision, it becomes clear that legislation must be amended to ensure a safe and healthy environment, the Health Board has both the right and the obligation to make such proposals. To clarify the facts, the agency may order scientific studies.
The court noted that given the Health Board's responsibilities in public health and the limited — even clearly insufficient — research on wind turbines and especially infrasound effects on nearby residents, which the agency essentially acknowledged, ordering and funding studies by the state rather than by companies interested in the results is clearly in the public interest.
After the Saarde wind farm with nine turbines had operated for a little more than a year, the developer Utilitas Wind ordered a noise study because of complaints from local residents. The Health Board conducted the study in fall 2024, measuring both audible noise and infrasound.
"It turned out that limit values were not exceeded. They were not exceeded for ultrasound measured outdoors or for infrasound measured in people's homes," Kadri Juhkam, head of the Health Board's western region, said at the time.
At the same time, alongside the developer‑ordered study, the Health Board conducted state supervision because of residents' health complaints, which ended in March 2025.
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Editor: Mari Peegel, Argo Ideon











