Michael Creed (Cork North West, Fine Gael)
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Question 243: To ask the Minister for Communications, Energy and Natural Resources the difference in regulations pertaining to the development of a domestic wind generation facility compared to those governing the development of commercial wind generation; and if he will make a statement on the matter. [6683/11]

Pat Rabbitte (Dublin South West, Labour)
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The Commission for Energy Regulation is responsible for the grant of authorisations to construct or reconstruct a generating station and licences to generate under sections 16 and 14, respectively, of the Electricity Regulation Act 1999.

Different authorisation and licensing procedures apply according to the size of the proposed generating station. Generating stations, including domestic wind generation, with an installed capacity of up to 1MW are deemed to be automatically authorised and licensed under the Orders.

There are revised and simplified application procedures for generators up to 40MW with a more detailed application procedure for projects greater than 40MW.

My colleague, the Minister for Environment, Heritage and Local Government has responsibility for the planning function.

The Department of Environment introduced two statutory instruments, S.I. 83 of 2007 and S.I. 235 of 2008, relating to planning exemptions for small scale renewable technologies that meet specified criteria. The regulations are aimed at streamlining small scale applications and provide for relevant exemptions to encourage the microgeneration sector. In the case of domestic scale wind, these exemptions are:

Summary of exemption rules set out in SI 83 of 2007 and SI 235 of 2008

Wind turbine in a domestic setting

Turbine must not be attached to a building.

One turbine per house and it can not be sited in front of the building.

Total height must not exceed 13m.

Rotor diameter must not exceed 6m.

3m minimum clearance between ground and lowest point of blades.

Turbine mast must be the total maximum height of the assembly including turbine and blades plus one metre from the nearest party boundary.

Noise levels must not exceed 43db(A) or 5 db(A) above background noise at the nearest inhabited neighbouring dwelling.

No advertising can be placed on the turbine and the turbine must be matt finished.

The blades must not interfere with telecoms signals.

Wind turbine in an agricultural setting

Turbine must not be attached to a building.

One only turbine per site.

Total height must not exceed 20m.

Rotor diameter must not exceed 8m.

3m minimum clearance required between ground and lowest point of blades.

Turbine mast must be one and a half times the total maximum height of the assembly (including turbine and blades) plus 1m from the nearest party boundary or nonelectrical overhead lines.

Turbine mast must be the total maximum height of the assembly including turbine and blades plus 20m from the nearest 38kV electricity distribution line.

Turbine mast must be the total maximum height of the assembly including turbine and blades plus 30m from the centre-line of the nearest transmission line i.e. 110kV plus.

The turbine must not be within 100m of an existing turbine.

Noise levels must not exceed 43db(A) at the nearest inhabited dwelling.

No advertising can be placed on the turbine and the turbine must be matt finished.

The blades must not interfere with telecoms signals.

Consent must be sought from the Irish Aviation Authority if the turbine is to be within 5km of an airport.

In the case of commercial wind farm developments, the Department of Environment have published a number of Guidelines since 2006, which offer advice to planning authorities on planning for wind energy through the development plan process and in determining applications for planning permission. The guidelines are also intended to ensure a consistency of approach throughout the country in the identification of suitable locations for wind energy development and the treatment of planning applications for wind energy developments. The latest version of these guidelines is published on the Department of Environments website.

Large windfarm developments, those over 25 turbines or 50MW in capacity, are required to apply for planning permission under the Strategic Infrastructure Development Act.