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Wind Turbines (Minimum Distances from Residential Premises) Bill  

Author:  | England, Regulations, Siting, Wales

A Bill 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 Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1. Planning permission

(1) No relevant authority may grant planning permission for the construction of a wind turbine generator unless it meets the minimum distance requirement under section 2, subject to the exception in section 3.

(2) “Relevant authority” means the local authority or government department with the power to grant planning permission for, or in the case of major infrastructure projects over 50 megawatts, the Secretary of State with the power to grant development consent for, a wind turbine generator.

2. Requirements for minimum distance

(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, including 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 25m, but does not exceed 50m, the minimum distance requirement is 1000m;

(b) greater than 50m, but does not exceed 100m, the minimum distance requirement is 1500m;

(c) greater than 100m, but does not exceed 150m, the minimum distance requirement is 2000m;

(d) greater than 150m, the minimum distance requirement is 3000m.

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

(6) There is no minimum distance requirement if the height of the wind turbine generator does not exceed 25m.

(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.

House of Lords, Session 2010 – 11
Sponsor: Lord Reay
Web site: services.parliament.uk/bills/2010-11/windturbinesminimumdistancesfromresidentialpremiseshl.html

1st reading: 26 July 2010
2nd reading: 10 June 2011

House of Lords, Session 2012 – 13
Web site: services.parliament.uk/bills/2012-13/windturbinesminimumdistancefromresidentialpremises.html

1st reading: 14 May 2012

[Note:  1000 metres = 3281 feet = 0.62 mile;  50 metres = 164 feet]

Download original document: “Wind Turbines (Minimum Distances from Residential Premises) Bill

This article is the work of the author(s) indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

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