Tuesday, 21 May 2019

Questions (647)

Niamh Smyth

Question:

647. Deputy Niamh Smyth asked the Minister for Housing, Planning and Local Government if a person (details supplied) may install a windmill for personal use without planning with a view to expanding in the future; and if he will make a statement on the matter. [21792/19]

View answer

Written answers (Question to Housing)

Under section 32 of the Planning and Development Act 2000, as amended, all development requires planning permission unless it is exempted development.

Part 1 of Schedule 2 of the Planning and Development Regulations 2001, as amended (the 2001 Regulations), provides exemptions from the requirement for planning permission for the construction, erection or placing within the curtilage of a house, and within the curtilage of an industrial building or commercial premises, of a wind turbine, subject to specific conditions and limitations applied to the exemption.

Similarly, Part 3 of Schedule 2 of the 2001 Regulations includes provision for a planning exemption for the construction, erection or placing of a wind turbine within an agricultural holding, also subject to specific conditions and limitations.

It should be noted that under Article 9 of the 2001 Regulations, such exemptions may be restricted by the planning authority in particular circumstances. This is particularly the case where the development is proposed to be located in a protected area or area of special amenity, identified as such in the relevant development plan.

Under section 5 of the Planning and Development Act 2000, as amended, a person may apply to the local authority for a declaration as to whether a particular proposed development is exempted development or requires planning permission.