Farm Legal Advice: The law on wind farms and their impact on homes
In cases where the wind farm is comprised of five or more turbines or exceeds a maximum output of five megawatts, an Environmental Impact Statement is required. File Picture Dan Linehan
With pressure mounting to find more sustainable sources of energy, wind farms have become increasingly popular. However, what about the effects they have on those who live in close proximity to them? Recently, a French court made a ground-breaking ruling in which the adverse health effects that wind turbines can have on residents were recognised.
The decision was made in an appeal brought by a Belgian couple who claimed that wind turbines, located 700 metres from their home, were causing them to experience symptoms such as headaches, dizziness, heart irregularities and depression. In their judgement, the court recognised “turbine syndrome”, a phenomenon that has become more and more common in those who live close to wind farms. The couple described how the noise and flashing lights emitted from the turbines caused their health to decline, and upon moving away from the area, their symptoms mysteriously disappeared.
In Ireland, there have been several cases taken out against wind farms. These cases were taken on the action of nuisance, which is the unreasonable interference of a person whilst they are in occupation of their land. In a 2017 High Court case, damages were awarded to several neighbouring families who complained that a nearby wind farm was creating excessive noise amounting to nuisance.
With court cases such as these, one may ask what are the planning requirements regarding wind farms?
Like many other developments, wind farms require planning permission from the local council. Developers must also hold a license as well as seek an authorisation to construct the wind turbines, both of which must be given by the Commission for Regulation of Utilities. Furthermore, wind farms require a connection agreement with ESB or Eirgrid in order to gain connection to the grid.
In cases where the wind farm is comprised of five or more turbines or exceeds a maximum output of five megawatts, an Environmental Impact Statement is required. This essentially is a report that outlines both the positive and negative side effects that a development will have on the environment. This report will also highlight measures that will be taken to offset any adverse impacts that the development may have.
In the instance of wind farms, turbines must be located at a minimum of 500 metres from properties. However, the distance between the turbine and the residential property must be four times that of the height of the turbine, For example, if you had a turbine that was 200 meters in height, it would have to be 800 meters away from all surrounding houses. There is also a strict prohibition on “shadow flicker”, which refers to the repeated blocking and unblocking of the sun as the blades of the turbine rotate. It is also required that developers consult the local community of a proposed wind farm site before applying for planning and, where appropriate, developers may have to pay a “community dividend” to areas that have been adversely impacted by the construction of the wind farm.
If you wish to object to the planning of proposed wind turbine development, one can lodge an appeal with An Bord Pleanála. There could also be basis for overturning planning permission by judicial review.
I recommend that you speak with a solicitor before taking any action against a wind farm developer if you believe you may have a case for nuisance or if you wish to appeal the planning permission through judicial review.
Stephen Coppinger, is a solicitor practicing in Walsh & Partners, Solicitors and Commissioners for Oaths, 17, South Mall, Cork.
- Email: info@walshandpartners.ie - Web: www.walshandpartners.ie
While every care is taken to ensure accuracy of information contained in this article, solicitor Stephen Coppinger does not accept responsibility for errors or omissions howsoever arising, and you should seek legal advice in relation to your particular circumstances at the earliest possible time.
