What are the planning requirements for a micro-scale wind installation?

Subject to certain conditions domestic wind turbines may be exempt from planning requirements up to a maximum hub height of 10m and total (tip) height of 13m. For commercial installations and the agricultural sector 2008 saw an increase in the exemption up to the maximum (blade tip) height of 20m. You should however consult with your local planners who can inform you if there are location specific conditions applicable to installations in your area which may mean the exemptions do not apply (see extract of SI No. 600 of 2001 below).

Your prospective turbine supplier should be able to provide you with the specifications of the turbine and the tower you are considering; In particular the height of the mast, the diameter of the blades and the sound emissions at different distances from the installation are important for planning purposes. The level of noise at your premises or the nearest neighbour's premises (whichever is closer) should not be above 43dB(A) (or 5dB(A) above the background noise). The European Standard in relation to noise levels is EN 61400-11:2003.

40dB(A) is comparable to the noise levels in a quiet rural area, quiet library or ¼ as loud as ordinary conversation. 50dB(A) can be approximated as equivalent to the noise levels in a quite suburban area, in an average home or with a dishwasher running in the next room. 50dB(A) is roughly ½ as loud as normal conversation. Conversational speech at 1m distance equates to noise levels of 60dB(A).

It is also a good idea to consult with your neighbours at an early stage to inform them of your plans.

Roof mounted or building mounted turbines are not exempt from planning requirements and planning must be applied for through the normal channels and on a case by case basis. 

The following two Statutory Instruments (SI) describe situations where planning permission may not be required. SI No. 83 of 2007 refers to domestic settings while SI No. 235 of 2008 deals with commercial and agricultural installations. If the planned installation does not satisfy the appropriate conditions the planning process must be adhered to and permission sought. If the planned installation does not satisfy the pertinent conditions below, particularly with regard to height, it does not mean that the granting of planning permission through the normal planning process is not possible.

Paragraph (b) of SI 83 of 2007: the construction, erection or placing within the curtilage of a house of a wind turbine.

1. The turbine shall not be erected on or attached to the house or any building or other structure within its curtilage.
2. The total height of the turbine shall not exceed 13 metres.
3. The rotor diameter shall not exceed 6 metres.
4. The minimum clearance between the lower tip of the rotor and ground level shall not be less than 3 metres.
5. The supporting tower shall be a distance of not less than the total structure height (including the blade of the turbine at the highest point of its arc) plus one metre from any party boundary.
6. Noise levels must not exceed 43db(A) during normal operation, or in excess of 5db(A) above the background noise, whichever is greater, as measured from the nearest neighbouring inhabited dwelling.
7. No more than one turbine shall be erected within the curtilage of a house.
8. No such structure shall be constructed, erected or placed forward of the front wall of a house.
9. All turbine components shall have a matt, non-reflective finish and the blade shall be made of material that does not deflect telecommunication signals.
10. No sign, advertisement or object, not required for the functioning or safety of the turbine shall be attached to or exhibited on the wind turbine.

The full text can be viewed on the Department of Environment website or via this link: SI No. 83 of 2007

SI 235 of 2008: the construction, erection or placing within the curtilage of an industrial building or light industrial building, or business premises of a wind turbine:

1. The turbine shall not be erected on or attached to the premises or building or any other structure within the curtilage of the building or premises.
2. The total height of the turbine shall not exceed 20 metres.
3. The rotor diameter shall not exceed 8 metres.
4. The minimum clearance between the lower tip of the rotor and ground level shall not be less than 3 metres.
5. The supporting tower shall be a distance of not less than the total structure height (including the blade of the turbine at the highest point of its arc) plus: (a) 5 metres from any party boundary, (b) 5 metres from any non-electrical overhead cables, (c) 20 metres from any 38kV electricity distribution line, (d) 30 metres from the centreline of any electricity transmission line of 110kV or more.
6. The turbine shall not be located within 5 kilometres of the nearest airport or aerodrome, or any communication, navigation and surveillance facilities designated by the Irish Aviation Authority, save with the consent in writing of the Authority and compliance with any condition relating to the provision of aviation obstacle warning lighting.
7. Noise levels must not exceed 43db(A) during normal operation, as measured from the nearest party boundary.
8. Not more than one turbine shall be erected within the curtilage of the premises or building.
9. All turbine components shall have a matt, non-reflective finish and the blade shall be made of material that does not deflect telecommunication signals.
10. No sign, advertisement or object, not required for the functioning or safety of the turbine shall be attached to or exhibited on the wind turbine.
11. The turbine shall not be located within an Architectural Conservation Area.

The full text can be viewed on the Department of Environment website or via this link: SI No. 235 of 2008

SI 235 of 2008: the construction, erection or placing within an agricultural holding of a wind turbine:

1. The turbine shall not be erected on or attached to a building or other structure.
2. The total height of the turbine shall not exceed 20 metres.
3. The rotor diameter shall not exceed 8 metres.
4. The minimum clearance between the lower tip of the rotor and ground level shall not be less than 3 metres.
5. The supporting tower shall be a distance of not less than:
• One and a half times the total structure height (including the blade of the turbine at the highest point of its arc) plus 1 metre from any party boundary.
• The total structure height (including the blade of the turbine at the highest point of its arc) plus: (i) 5 metres from any non-electrical overhead cables, (ii) 20 metres from any 38kV electricity distribution line, (iii) 30 metres from the centreline of any electricity transmission line of 110kV or more.
6. The turbine shall not be located within:
• 100 metres of an existing wind turbine.
• 5 kilometres of the nearest airport or aerodrome, or any communication, navigation and surveillance facilities designated by the Irish Aviation Authority, save with the consent in writing of the Authority and compliance with any condition relating to the provision of aviation obstacle warning lighting.
7. Noise levels must not exceed 43db(A) during normal operation, as measured from the nearest habitable house.
8. Not more than one turbine shall be erected within the agricultural holding.
9. All turbine components shall have a matt, non-reflective finish and the blade shall be made of material that does not deflect telecommunication signals.
10. No sign, advertisement or object, not required for the functioning or safety of the turbine shall be attached to or exhibited on the wind turbine.

The full text can be viewed on the Department of Environment website or via this link: SI No. 235 of 2008

Statutory Instrument No. 600 of 2001 outlines further conditions and situations where the exemptions do not apply. Microgenerators should contact their local authorities to receive guidance on their own site as they may not be fully aware of the classification of their locality. Each local authority has drawn up development plans which designate areas, for example, as areas of special conservation, natural amenity or development potential. Should you go ahead with an installation and adhere only to the exemptions as per SI No. 83 of 2007 and SI No. 235 of 2008 you may still be in contravention of planning laws as outlined in SI No. 600 of 2001.

Individuals can apply to their local authority to get a formal declaration on whether their planned installation is covered by the exemptions and not subject to the restrictions outlined in SI 600 of 2001. There is a small fee charged by the local authority for this facility but the local authority must reply within 4 weeks. If the local authority requires further information from the individual they may then avail of further 3 week period from receipt of the complete information required before issuing their declaration on the planned works. Details of this statutory process are contained in Planning and Development Actof 2000.

Extract from SI 600 of 2001: Restrictions on exemption

Article 9.(1)Development to which article 6 relates shall not be exempted development for the purposes of the Act -

• if the carrying out of such development would -
• (vi) interfere with the character of a landscape, or a view or prospect of special amenity value or special interest, the preservation of which is an objective of a development plan for the area in which the development is proposed or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft development plan,
• (vii) consist of or comprise the excavation, alteration or demolition (other than peat extraction) of places, caves, sites, features or other objects of archaeological, geological, historical, scientific or ecological interest, the preservation of which is an objective of a development plan for the area in which the development is proposed or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft development plan, save any excavation, pursuant to and in accordance with a licence granted under section 26 of the National Monuments Act, 1930 ( No. 2 of 1930),
• in an area to which a special amenity area order relates,

The full text can be viewed on the Department of Environment website or via this link: SI No. 600 of 2001.