New guidelines will help clear the air over neighbour’s wind-farm plans

QI am a farmer living in quite a remote area and have learned that one of my neighbours has been approached by a windfarm company with a view to building turbines on his land.

I am concerned about potential noise pollution and visual impact issues and how it will impact on my property.

Can you please advise what protections I have under existing legislation and how the courts have adjudicated in cases taken by objectors?

I understand the advantages for power generation but I am worried about my own situation.

AThe construction of all large-scale windfarms will have to go through the planning permission process. This allows all concerned landowners some time to consider the potential impacts of any development of this type on them and object, if necessary, to these applications.

There are a number of developments which are exempt from planning and these are published by the Department of the Environment.

These exemptions cover micro-generation units with a maximum height of 13 metres for domestic turbines and units with a maximum height of 20m for businesses.

A review of the 2006 regulations in this area has seen the Minister for Housing, Planning, Community and Local Government, in conjunction with the Minister for Communications, Climate Action and Environment publish preferred draft proposals on the main issues.

Revised guidelines are due to be published shortly. These guidelines are expected to provide more details on how noise of turbines, in particular, will be dealt with. These new guidelines will be made available for public consultation.

NOISE

The proposals cover issues like noise, flicker (from the blades) and minimum setback distance.

The proposed new noise restriction limits in line with World Health Organisation standards, proposing a relative rated noise limit of five decibels above existing background noise within the range of 35-43 decibels for both day and night, with 43 decibels being the maximum noise limit permitted.

The rated limit will take account of certain noise characteristics specific to wind turbines (eg, tonal, low frequency and amplitude modulation) and, where identified, the noise limit permitted will be further reduced to mitigate for these noise characteristics.

These limits will be a condition as part of the planning permission process.

If you are located in a very rural and quiet area, the change to the noise level could be something to keep a close eye on in the proposed development.

SETBACK LIMITS

It is proposed to introduce a setback distance of four times the tip height between a wind turbine and the curtilage (area surrounding) of a residential property, subject to a mandatory minimum setback of 500m.

These setback requirements are for visual amenity purposes but it will be required in all cases that the noise limits outlined must be complied with (so if the noise limits require the setback to be further than 500m then the longer setback distance will apply).

There are no changes expected to the 500m setback requirement in the 2018 guidelines.

COMMUNITY CONSULTATION

The proposals will require developers to have early and constructive consultation with communities on proposed wind farm developments before a planning application is made.

In this regard, a Community Report will be required to be submitted with a planning application, outlining how the final proposal was shaped in response to those consultations.

This article is intended as a general guide only and you should seek professional advice in relation to your individual circumstances. Theresa Murphy is a barrister at law, based in Ardrahan, Co Galway