Planning Exemptions

Exemptions for Solar Panels and other Micro Renewable Technology
02/03/07
"Another step on the road to a Green Energy Revolution" – Dick Roche

"The generation of renewable energy provides opportunities to address climate change, ensure security of supply and promote sustainable development. Through the new planning exemptions which I have made recently, this Government has taken another step on the road to a Green Energy Revolution." So said Dick Roche, T.D., Minister for the Environment, Heritage and Local Government today (2nd March 2007) on signing regulations which will provide exemptions from planning permission for solar panels, heat pumps, wind turbines and wood pellet burners, subject to certain conditions.

"This Government has already taken wide-ranging measures to promote renewable energy usage and reduce energy-related emissions," said Minister Roche. "For example, we have put in place a renewable electricity support tariff to subsidise the connection of renewable-sourced electricity to the national grid. The Commercial Bioheat Scheme and the Greener Homes Scheme have been extremely popular and were enhanced in Budget 2007. New agricultural supports have been introduced for the production of Biomass. What I am doing today is ensuring that the planning system complements these initiatives in supporting the widest possible usage of renewable energy. This initiative is another example of the joined-up Government response to Climate Change.

Every sector, every organisation, and every individual must take responsibility for the impacts their activities and their lifestyle have on our planet. As a Government, one of our key tasks is to encourage people to look after their end of the bargain so that everyone can make a contribution to the climate change challenge."

In concluding today's announcement, Minister Roche stated; "these draft regulations are the first set of proposed exemptions designed specifically to enable the planning system to help expand the use of renewable energy. I am taking the opportunity today to announce a further examination of the planning implications of renewable technologies in other sectors, such as industrial and retail sites, with a view to encouraging their uptake."

"In so far as has been possible every effort has been made to future-proof the regulations with one eye on what developments in the sector might bring. However, it would be unreasonable to assume that these exemptions somehow represent the last word on how renewable energy is dealt with under the planning code. I am happy to keep these provisions under review to ensure their effectiveness."

ENDS

Note for Editors
The exemptions, which come into effect immediately, apply to wind turbines, solar panels, heat pumps and biomass subject to certain conditions in each case. Their introduction follows on from a consultation paper published by Minister Roche in November 2006. This set out a number of recommendations on how various micro-renewable energy technologies would be handled by the planning code.

Over 65 submissions were received on foot of the consultation paper and almost all of the respondents indicated support for the introduction of planning exemptions for micro-renewables, including wind turbines, as a means of encouraging wider uptake. Within the overall support for the broad approach proposed, a wide range of views were submitted for consideration. All submissions were carefully considered, and the draft regulations as they now appear have been revised significantly on the basis of the arguments put forward by respondents.

Following completion of the consultation process draft Regulations were prepared and presented to the Joint Oireachtas Committee on the Environment and Local Government on 15 February by Mr. Batt O'Keeffe T.D., Minister of State for the Environment, Heritage and Local Government.

A report of the consultation process is available on the Department's website

A summary of the exemptions are attached.
Solar The installation of solar panels up to 12 sq. metres aperture area, or 50% of total roof area, whichever is less, will be exempted development subject to the following conditions:

• A 15cm maximum distance between the plane of a pitched roof and the solar panel
• A 50cm maximum distance between the plane of a flat roof and the solar panels, and
• That panels should be at least 50cm from the edge of the roof. The exemptions provide for the same 12 sq metre aperture area in respect of free-standing arrays as applies to building mounted panels. Therefore, and as is the case with building mounted panels, arrays of this size and under are exempt from planning permission requirements, subject to some conditions. These require that:
• Stand-alone panels must be no more than 2m in height,
• Such panels must be located behind the front wall of the house, and
• A minimum space of 25 sq m of useable space must remain for householders own private use.

Micro Wind Turbines
Wind Turbines with a mast height of 10 metres and a rotor diameter of 6 meters will be exempt from planning permission requirements subject to the following conditions:

• The rotor diameter should be 6 metres or less
• There should be a 3 metre minimum clearance between the lower tip of the rotor and the ground
• The minimum distance of a wind turbine from its nearest neighbouring boundary would equal the total height of the turbine plus 1 metre
• Noise levels at the nearest neighbouring inhabited dwelling should be <43dB(A), or <5d(B) above background noise
• Only one turbine is permitted within the curtilage of a house
• The turbine must be situated behind the front wall of the house
• All turbine components shall have a matt, non-reflective finish and the blade shall be made of material that does not deflect telecommunication signals.
• No advertising or logos may be placed or appear on turbines.

In the main, the conditions attached to the exemption for micro wind turbines are designed to ensure their safe installation and use.

Issues such as visual amenity, noise, vibration, possible structural damage, safety and poor installation mitigate against the inclusion of building mounted turbines as exempted development. Nevertheless, it will still be possible to apply for planning permission for such turbines in the normal way.

Heat Pumps
The two types of ground-source heat pumps currently available are horizontal and vertical closed loop systems. Each system consists lengths of pipe buried in the ground, either in horizontal or vertical trenches. The Regulations provide exemptions for both types. The only condition attached to the exemption for ground-source heat pumps is that on installation of the apparatus there should be no more than a 1 metre alteration to ground level.

Air source heat pumps are also exempt provided that:

• Noise levels at the nearest neighbouring inhabited dwelling are <43dB(A), or <5dB(A) above background noise.
• Air source heat pumps are at least 50 cm from the edge of roof, and
• The pump is located to the rear or behind the front wall of the house.

Biomass
Wood pellet boilers and stoves are becoming a very attractive option for householders and it is proposed that they be classed as exempted development. Where a flue is required, it should be constructed in line with existing building regulations. The addition of an extension or ancillary building onto a premises to accommodate the biomass heating system is now covered by an amendment to existing exempted development classes. Small-Scale Hydropower Due to the nature of this micro-renewable technology and its potential impact on water sources, small-scale hydroelectricity will not be considered exempted development and such developments will continue to require planning permission.

Role of the Planning Code for non-exempted micro-renewable energy development
It should also be noted that where an individual wishes to install any class of micro-renewable technology that does not fall within the draft exemptions they may apply, as normal, for planning permission from their planning authority. Planning authorities are being provided with clear guidance on the operation of the exemptions. In this guidance Planning Authorities are being instructed that any application for permission should be assessed on its own merits, as heretofore.