Ministerial guidelines
Wind Energy Development Guidelines
Siting, design, noise and shadow flicker for wind farms. A revised draft was published for consultation in 2019.
Department of the Environment, Heritage and Local Government · June 2006 · 119 pages
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- Planning Guidelines conditions in regard to grid connections on land outside the ownership of the applicant as part of the permission for the wind energy development. 7.13 Site Management Issues Appropriate conditions in relation to site management issues may address the operation and maintenance of equipment and turbines, repair/replacement/ removal of non-operational turbines and overall good site maintenance and management procedures. 7.14 Shadow Flicker Shadow flicker is not usually critical. However, in unusual circumstances, where the calculations indicate that occupied dwelling houses would be significantly affected, a condition requiring the non-operation of turbines at times when predicted shadow flicker might adversely impact on any inhabited dwelling within 500m of a turbine may be appropriate. Conditions may also address limits on the number of hours per year or minutes per day that the shadow flicker should affect an inhabited dwelling (see paragraph 5.12). 7.15 Electromagnetic Interference Conditions regarding measures to be taken to minimise interference with the transmission of radio and television signals, air and sea transport communications and other transmissions systems in the area may be necessary. Where electromagnetic interference is difficult to predict, conditions may require the developer to consult with the service provider concerned and undertake remedial works to rectify any interference caused. 7.16 Aeronautical Safety Conditions regarding lighting of structures, submission of coordinates of the turbines positions, as constructed, and/or other appropriate conditions should be included, where advised by the Irish Aviation Authority. 85
- 7.17 Windtake Conditions with regard to windtake could be included to ensure that wind turbines are located in a manner that respects the development potential of the adjoining site for a similar development. Where such conditions apply they should generally allow a distance from adjoining site boundaries of not less than two rotor blades having regard to the wind resource at the site, save with the written agreement of the adjoining landowner(s). This issue is more appropriately addressed before an application is made (see paragraph 5.13). 7.18 Development Contributions General contributions: In general, any levy that a planning authority intends to apply to wind energy development should be clear from the Development Contribution Scheme, drawn up under section 48 of the 2000 Act. There is no appeal against a general development contribution except on the basis that the terms of the scheme were not properly applied. However, where the General Contribution Scheme contains no reference to wind energy development development, or where the costs involved in the development are not provided for in the scheme, it may be appropriate to attach a special contribution condition referred to below. Special contributions: The additional traffic - particularly in terms of heavy goods vehicles generated during the construction phase of a wind energy development - may necessitate additional expenditure by the planning authority on the surrounding road network or local infrastructure. Where such specific exceptional costs not covered by the general contribution scheme are incurred by the local authority in respect of public infrastructure and facilities that benefit the proposed development, a condition requiring the payment of a special development contribution may be imposed under Section 48 (2)(c) of the Planning and Development Act, 2000. In such a case, the planning condition should specify the particular works carried out, or proposed to be carried out, by the local authority to which 86lanning Guidelines
- Planning Guidelines the special contribution relates (Section 48). Unlike contributions levied under a general scheme, these contributions may be appealed. 7.19 Decommissioning and Reinstatement Conditions requiring the lodgement of financial bonds have been used in the past to try to ensure that decommissioning will take place in a responsible manner. However, the use of long-term bonds to secure satisfactory reinstatement of the site upon cessation of the project puts an unreasonable burden on developers given the long time span involved in wind energy developments and is difficult to enforce. The recycling value of the turbine components, particularly copper and steel, should more than adequately cover the financial costs of the decommissioning. Accordingly, the use of a long-term bond is not recommended. 7.20 Time Limits Having regard to the statutory provisions regarding the life of a planning permission, conditions should not require that a development be commenced or finished by a certain date. Conditions that limit the life of a wind energy development to a particular time period have been included in the past in order to enable the planning authority to reassess the operation or reequipping of the wind energy development in the light of circumstances prevailing at the time. This can instead be achieved by way of a condition requiring that future re-equipping be agreed in writing with the planning authority or be the subject of a separate planning application. The inclusion of a condition which limits the life span of a wind energy development should be avoided, except in exceptional circumstances. Planning authorities may grant permission for a duration longer than 5 years if it is considered appropriate, for example, to ensure that the permission does not expire before a grid connection is granted. It is, however, the responsibility of the applicants in the first instance to request such longer durations in appropriate circumstances. 87
- Appendix 1 Landscape Sensitivity Analysis Methodology A number of different studies can be undertaken to classify a county’s landscape according to sensitivity to wind farm development. These may involve to varying degrees the public, the local planning authority and/or the landscape consultants. An outline of a stepwise procedure that can be used is provided below: Desk Reviews – Carry out a literature review of the most pertinent documents relating to landscape sensitivity, including the current County Development Plan (CDP). Consultation with Planning Staff – Carry out an exercise to map landscape quality with the aid of landscape consultants, if considered appropriate. Provide planning staff with large-scale maps of the county to map the following, using their own experience and impressions: (a) those scenic routes which are currently designated in the CDP but which might have deteriorated over time such that they no longer warrant designation; (b) roads currently not designated in the CDP as scenic routes but which are perceived to be of such high quality that they might warrant designation; (c) areas of landscape that are of such high quality that they could not accommodate wind farms; and (d) areas of landscape that could accommodate wind farm development. Initial Field Work – Planning staff and/or landscape consultants spend time in the field examining the landscapes and identifying those locations that are deemed to be of very high quality. Areas 88lanning Guidelines
- Planning Guidelines of high quality will tend to agree with those highlighted in the mapping exercise carried out above. Public Consultation – At least one open focus group meeting (perhaps 2 or more in larger counties) should be held in order to consult with local communities and other interested parties regarding the development of a wind energy strategy for the county. These events should be well advertised and all statutory consultees should be formally invited. Following introductory presentations by the planning staff and/or consultants, the focus group attendees can participate in a series of hard-copy mapping exercises with the aim of identifying: (a) landscapes of exceptionally high quality; (b) ordinary (non-remarkable) landscapes; (c) locations where wind farm development would be unacceptable (to the consultees); and (d) locations where wind farms could be acceptable. Such mapping exercises are a very effective medium for classifying landscape sensitivity according to different values held by the attendees. Despite the wide ranging views held by different individuals and groups (ranging from very pro-development to highly conservative), common ground will often be found when the maps are collectively reviewed. The focus group classification of landscape sensitivity to wind farm development will often closely agree with the findings from the consultation with the planning authority, as well as with the conclusions drawn from the initial field work by the planning staff and/or landscape consultants. Preparation of Draft Sensitivity Map – All the marked-up maps prepared by the focus groups are examined in detail and a broad classification of sensitivity can be developed using GIS. As an example, areas which are identified as being exclusion zones by both the planning authority and the focus groups and which were assessed as being of high quality might be classified as being high in sensitivity. Conversely, areas where little concern was expressed regarding wind farms, and where the consultants felt that quality was unremarkable, could be classified as being moderate, or in 89
- some cases low, sensitivity. The sensitivity classification could include areas that are: (a) acceptable in principle; (b) open to consideration; or (c) not acceptable. Further Field Work and GIS Studies – Following the public consultation, further field studies should be carried out to test the emerging draft landscape sensitivity map. The most challenging aspect of this is to define the boundaries of different zones (e.g., between an exclusion zone and an acceptable zone). Given that the focus of the study is primarily landscape, computer-based studies known as zones of theoretical visibility (ZTV) can be effectively employed to identify such boundaries. It is also critically important to consult with adjacent planning authorities to see how classifications in one county fit with that of their neighbour(s). In cases where, for example, a no-go area flanks a preferred area along a political boundary such as a ridgeline or river, some discussion may be required between both parties to produce a classification that is logical and balanced. An “ordinary” landscape in one county might be a “special” landscape in a neighbouring county and the concerns of the latter may require the former to use a buffer zone of, say, open for consideration, to provide some level of protection. Waterford County Council carried out this exercise in practice, with the aid of landscape consultants, in the preparation of their draft Wind Energy Strategy. 90lanning Guidelines
- Planning Guidelines Appendix 2 Advice for Developers on Best Practice in the Pre-application Consultation Process Providing the public with a good flow of information about a proposed wind energy development in their locality prior to formal application can avoid conflict in the future. It may be helpful to circulate information pertaining to the proposal to the immediate population whose properties are within approx 1km of the proposed wind energy development, and to community groups, churches and clubs within approx 10km radius. Suggestions in regard to what this information might include are as follows: Formal letter to: • Introduce the wind energy development promoters and details of the proposed development. • Indicate the necessity of wind energy development in a context of national and international policy. • Identify the scope of the pre-consultation (who else is being contacted). • Invite the recipient to further public exhibitions, outlining date, times and location of the exhibitions. It would be helpful if a project information leaflet accompanied the letter. Project information leaflet should: • Detail location (small map), and scale of the proposed development. • Detail an anticipated project timetable (including public exhibitions). • Outline the environmental and social benefits that the development will affect both locally and globally, including any planning gain for the local community. 91
- • Identify a contact name and contact details for the promoters of the development for further information. Posters and Advertising Where a recipient has access to community groups or clubs (e.g., in churches, community halls, sports facilities, etc.) it is a good idea to use posters advertising and inviting attendance to the public exhibitions. Response form A pre-paid response form for the recipient to complete may be included with the information letter to identify: • If the recipient would like to receive further information about the proposal; • If the recipient can identify other people not targeted by the promotion information; and • If the recipient does not wish to receive further related information. 92lanning Guidelines
- Planning Guidelines Appendix 3 Landscape Impact Assessment of Wind Energy Development Proposals • Structure of a landscape impact assessment report Landscape impact assessment forms an integral part of the Environmental Impact Assessment of wind energy proposals. In line with recommendations made in the Environmental Protection Agency Guidelines on environmental impact assessment, the landscape impact assessment reports for wind energy development should include the following stages: 1. Description of proposed development, including alternatives considered during the design process; 2. Description of geographic location and landscape context; 3. Definition of study area, informed by identifying the Zone of Theoretical Influence; 4. General landscape description of the Study Area; 5. Selection of viewshed reference points from where the proposal is examined in detail; 6. Assess the sensitivity of landscape from each viewshed reference point; 7. Preparation of photomontages; 8. Estimation of the likely degree of impact on landscape; 9. Recommendation of mitigation measures. Stages 3, 5, 7 and 8 are considered in detail below. • Definition of study area and Zone of Theoretical Visibility Zone of Theoretical Visibility (previously referred to as Zone of Visual Influence) is a computer-aided procedure, which aims to predict from where the turbines might be visible. The following recommendations are made in relation to the preparation of Zone of Theoretical Visibility maps: • For blade tips up to 100m in height, a Zone of Theoretical Visibility radius of 15km would be adequate (this is greater 93
- than the current standard by some 50% but reflects the technical difficulty of depicting "small and medium" turbines at 20km) • For blade tips in excess of 100m, a Zone of Theoretical Visibility radius of 20km would be adequate (this is twice conventional thresholds and reflects greater visibility of higher structures). • In areas where landscapes of national or international renown are located within 25 km of a proposed wind energy development, the Zone of Theoretical Visibility should be extended as far (and in the direction of) that landscape. This reflects the fact that highly sensitive landscapes deserve extra special treatment by developers and planners. • It is recommended that the Zone of Theoretical Visibility should assess the degree of visibility based on the numbers of turbines visible to half the blade length in addition to hub-height. It is not sufficient to only use the hub height in the preparation of the Zone of Theoretical Visibility maps because this would exclude potential visibility of the entire blade. Likewise, using blade tip height is not necessarily appropriate because this would identify all locations that can see literally the tip of the blade and nothing else. • It is important to overlay the Zone of Theoretical Visibility map on the 1:50,000 series Ordnance Survey maps and print preferably at a scale of 1:50,000 or at another scale ensuring that locations theoretically exposed to viewing can be easily identified. The print quality and scale of the map(s) should be such that the underlying information such as place names and roads are clearly legible. • Colour coding of the Zone of Theoretical Visibility map according to the number of turbines visible at any one location should be capable of being easily understood by viewers of the map. It is essential to provide a clear legend. 94lanning Guidelines
Source Department of the Environment, Heritage and Local Government: Wind Energy Development Guidelines (June 2006) · Licence the publisher's termsText read from the publisher’s PDF; tables, maps and drawings do not survive as text, and page numbers are the PDF’s (its first page is 1). Check the original before relying on a passage.