Willie Penrose (Longford-Westmeath, Labour)
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Question 586: To ask the Minister for the Environment, Heritage and Local Government the relevant regulations which pertain to application for planning permission to erect wind turbines, with particular reference to the location and proximity to areas of significant housing populations; and if he will make a statement on the matter. [5359/10]

John Gormley (Dublin South East, Green Party)
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Planning applications, including those applications for planning permission to erect wind turbines, must comply with the requirements of the Planning and Development Act 2000, as amended, and the Planning and Development Regulations 2001-2008.

My Department's Wind Energy Development Guidelines issued to planning authorities in June 2006 offers advice on determining applications for wind energy including various aspects of planning and site selection. One of the aims of these guidelines is to ensure consistency of approach throughout the country in the identification of suitable locations for wind energy developments, having regard to, inter alia, proximity to existing dwellings and settlements, noise and safety aspects, as well as impacts on the natural, built and geological heritage. The guidelines also clearly state that the relevant development plan policies should inform and be taken into account in assessing appropriate locations for wind energy developments.

Parts 1 and 2 of Schedule 2 of the Planning and Development Regulations 2001-2008 provide for certain exemptions from the requirement to obtain planning permission. Classes 2(b) and 56(c) of Part 1 and Class 18(b) of Part 2 of the Regulations provide for exemptions in relation to wind turbines, in homes and in the industrial, business and agricultural sectors, subject to conditions. A summary of the conditions relating to these exemptions is provided.

Wind turbines within the curtilage of a domestic property

No exemption for building-mounted turbines

Max height up to 13m

Rotor diameter up to 6m

Ground clearance of at least 3m

Must be turbine height (including the blade of the turbine at the highest point of its arc) plus 1m from nearest party boundary

Consent of Irish Aviation Authority (IAA) required if within 5kms of an airfield, etc

Noise levels must be less than 43db(A) during normal operation

Only 1 per site

No structure constructed, erected or placed forward of the front wall of a house

No logos, and non-reflective finish

Wind turbines within the curtilage of a commercial, industrial or agricultural

property

No exemption for building-mounted turbines

Max height up to 20m

Rotor diameter up to 8m

Ground clearance of at least 3m

Must be turbine height plus 5m from nearest party boundary and non-electrical overhead cables

Must be turbine height plus 20m from 38kV lines or own height plus 30m from lines of 110kV or more

Consent of IAA required if within 5kms of an airfield, etc

Noise levels must be less than 43db(A) at site boundary

Only 1 per site, and not within an Architectural Conservation Area (ACA)

No logos, and non-reflective finish