Submission by North Tipperary County Council
In response to the publication of proposed revisions to Wind
Energy Development Guidelines 2006
1.0
Introduction
The submission has been prepared by the Planning Section of North Tipperary County Council in response to
the publication of revisions to the Wind Energy Guidelines 2006 (Targeted review in relation to Noise,
Proximity and Shadow Flicker - Department of Environment, Community and Local Government, December,
2013).
North Tipperary County Council welcomes the opportunity to comment on the review and preparation of the
updated guidelines and outlined below are comments with a focus on the potential implications of the
guidelines on the assessment of Wind Energy proposals in the County.
2.0
Noise
Section 5.6.9
Possible Exceptions to the Noise Limit / Set Back
In relation to the proposed mandatory set back of 500m from wind farms / turbines to the curtilage of
residential properties, it is considered that the topography and character of the landscape in particular areas
may be such that properties within the 500m buffer would not be adversely affected by noise, shadow flicker
and visual intrusion. It is respectfully submitted that the guidelines under Section 5.6.9 (Exemptions) should
include an exemption to the 500m set back in cases where it can be clearly demonstrated that residential
properties, by virtue of landscape character and topography are buffered from the impact of wind turbines.
The guidelines propose that where consent is provided from property owners within the 500m set back an
exemption may be considered. The Council has some reservations as to the exemption, as properties will
change hands and it is considered important that residential amenities of future households are also protected.
Section 5.6.8
Areas of Special Amenity Value
It is noted under Section 5.6.8 that a noise limit of 40dBA should be applied to areas of special amenity value.
Planning Authorities may declare areas of special amenity under Section 202 of the Planning and Development
Act, 2000. However, areas of amenity value may also be designated as part of the County Development Plan
process, and local authorities may differ in approach to such designations depending on the methodologies
applied in Landscape Character Assessments. It is respectfully suggested that areas of ‘special amenity value’
needs further clarification to ensure consistency of decision making and approach by local authorities.
3.0
Permitted Developments
Implications of the New Guidelines in respect of Extension of Duration applications
In accordance with Section 42 of the Planning and Development Act, 2000 (as amended), applications to extend
permission will have to demonstrate consistency with the revised Ministerial Guidelines. The reduced noise
limit and mandatory set back will have a significant impact on proposals to extend the duration of existing
planning permissions. North Tipperary County Council has carried out a review of permitted developments in
the County, and has established there will be multiple permitted developments which will not meet the
proposed noise threshold and set back proposed. The revised noise limits and set back may in cases be
overcome by wind energy developers using alternative turbine models. However, and notwithstanding the
considerable resources invested by the energy sector in development projects and obtaining planning
permission, it is likely that some projects will become unviable.
4.0
General
It is noted that the review of the guidelines is targeted to issues relating to noise, proximity and shadow flicker.
However, the Council wishes to make some additional comments and recommendations in relational to the
National Planning Framework and National Planning of Wind Energy Development and
Strategic Planning
While the Wind Energy Guidelines provides for the assessment at a localised level, it is recommended that a
National Strategic Planning Framework for Wind Energy Developments is necessary setting out how clear
energy targets for each regional area and setting out how wind energy development will proceed whilst both
protecting the national landscape and achieving renewable energy targets and energy self-sufficiency. In
addition, a National Landscape Strategy should be considered – to define landscape character types and areas
at the national level and giving guidance on areas where wind energy developments are suitable.
Community Gain
North Tipperary County Council has successfully applied a community gain requirement to permitted
developments in the County. The Council considers that successful and on-going community engagement by
wind farm operators is key to successful projects. It is considered that local authorities would benefit from
further guidance in this area in terms of best practice examples and options that may be implemented.
Technical Guidance
The Council very much welcomes the proposed technical appendices to assist planning
authorities in the assessment of wind energy development. In this regard it is considered that
training should be provided to local authority professionals i n the interpretation and evaluation
of wind energy applications.
5.0
Conclusion
North Tipperary County Council would be grateful if the proposals and comments as outlined in this
submission are considered by the Department of Environment, Community and Local Government.
Planning Policy Section
North Tipperary County Council
February, 2014