In 2007, my Department reviewed the Planning Regulations with regard to exempted developments and carried out research into the planning implications of exempting renewable energy technologies in the industrial, business and agricultural sectors, with a view to providing specific exemptions wherever possible to encourage uptake of such technologies. On foot of this work, a consultation paper outlining proposed exemptions was issued in October 2007. A total of 51 submissions were received and carefully considered.
In July 2008, the Oireachtas approved the Planning and Development Regulations 2008, providing planning exemptions for specified renewable technologies in the industrial, business and agricultural sectors. A summary of the classes of micro-renewable technology exemptions applicable to agricultural sites is attached. These exemptions should reduce the demands placed on the planning system, while facilitating a greater penetration of these renewable technologies, thereby providing cleaner and cheaper energy and helping our wider efforts to tackle climate change, improve security of energy supply, and reduce our reliance on fossil fuels.
The introduction of equivalent exemptions for anaerobic digesters, building-mounted wind turbines and hydro-power was considered, but it was decided that these technologies should remain subject to the provisions of the planning system. However, I intend to keep this matter under review.
Classes of Exemptions for Renewable Technology (Agricultural)
Combined Heat and Power
Gross floor space of up to 300 m2
Max height of 8 m, and max length of 40 m
200 m from nearest inhabited dwelling
10 m from nearest public road
Up to 2 flues, max height 20 m and max diameter 1 m
Noise levels must be less than 43 db(A) at site boundary
Only 1 per site.
Wind Turbines
No exemption for building-mounted turbines
Max height up to 20 m
Rotor diameter up to 8 m
Ground clearance of at least 3 m
Must be turbine height plus 5 m from nearest party boundary and non-electrical overhead cables
Must be turbine height plus 20 m from 38kV lines or own height plus 30 m from lines of 110kV or more
Consent of IAA required if within 5 km of an airfield, etc
Noise levels must be less than 43 db(A) at site boundary
Only 1 per site, and not within an ACA
No logos, and non-reflective finish
Solar panels (Thermal Collector and Photo-Voltaic (PV))
Solar thermal collector panels cannot be placed on walls
Total aperture area up to 50 m2 or 50% of total roof area, whichever is lesser
Max distance of 50 cm from plane of a pitched roof to panel
Max distance of 2 m from plane of a flat roof to panel
Must be at least 50 cm from edge of pitched roof, or 2 m from edge of flat roof
All associated equipment hidden within roof
Must be to the side or rear of the building
Aperture area of wall mounted or free-standing arrays up to 25 m2
Ground source and air source heat pumps
Ground level alteration up to 1 m above or below adjoining ground
Total area of heat pumps up to 10 m2
Must be at least 50 cm from edge of wall or roof
Noise levels must be less than 43 db(A) at site boundary
Must be distance from building foundations as recommended in SEI guidelines
Biomass
Gross floor space up to 20 m2
Capacity of fuel storage tank above ground up to 75 m3
Max height of boiler house or fuel tank up to 3 m
Up to 2 flues, max height up to 20 m and max diameter 1 m
Must be at least 100 m from nearest inhabited dwelling
Must be at least 10 m from nearest public road
Fuel from animal waste only on farms, and no wood containing dangerous substances anywhere