posted: February 23, 2012 • Ireland, Regulations, Siting

Wind Turbines Bill 2012

Author: Kelly, John

An Bille um Thuirbíní Gaoithe, 2012

http://www.oireachtas.ie/viewdoc.asp?DocID=20368&&CatID=59

AN ACT TO MAKE PROVISION FOR A MINIMUM DISTANCE BETWEEN WIND TURBINES AND RESIDENTIAL PREMISES ACCORDING TO THE SIZE OF THE WIND TURBINE; AND FOR CONNECTED PURPOSES.

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—This Act may be cited as the Wind Turbines Act 2012.

2.—In this Act—

“relevant authority” means the local authority, An Bord Pleanala or any government department with the power to grant planning permission for a wind turbine generator.

3.—No relevant authority may grant planning permission for the construction of a wind turbine generator unless it meets the minimum distance requirement under section 4, subject to the exception in section 5.

4.—(1) The “minimum distance requirement” means the necessary minimum distance between the wind turbine generator and residential premises as set out in subsection (4).

(2) “Residential premises” means any premises the main purpose of which is to provide residential accommodation, to include farmhouses.

(3) If a number of wind turbine generators are being built as part of the same project, the minimum distance requirement applies to each wind turbine generator individually.

(4) If the height of the wind turbine generator is—

(a) greater than 25 metres, but does not exceed 50 metres, the minimum distance requirement is 500 metres;

(b) greater than 50 metres, but does not exceed 100 metres, the minimum distance requirement is 1,000 metres;

(d) greater than 150 metres, the minimum distance requirement is 2,000 metres.

(5) The height of the wind turbine generator is measured from the ground to the end of the blade tip at its highest point.

(6) Thereisnominimumdistancerequirementiftheheightofthe wind turbine generator does not exceed 25 metres.

(7) If planning permission is granted on the condition that the proposed wind turbine generator meets the minimum distance requirement under subsection (5) the actual height of the wind turbine generator must not exceed the maximum height in relation to that minimum distance.

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