Access an issue for wind farms

A RECENT decision by An Bord Pleanala, to give planning permission for road improvements to a wind-farm site near Rockchapel, Co Cork, highlights access problems.

Access can be a difficulty for landowners, developers, and people living near sites, and it’s an issue best addressed early.

Planning had been granted for the 29-turbine Rockchapel wind farm, but permission had to be obtained for road-widening, and the strengthening of a bridge so that turbines could be delivered to the site.

Narrow roads are inadequate to carry the large machines and heavy loads needed for construction.

There are ways of preventing complications during construction. Often, developers do not own the lands on which a wind farm is being built, or the lands required for access to the public road. Gaining site access does not need to be overly complicated or expensive, once the developer and landowner are aware of the steps that should be undertaken early, says Julisa Flanagan, commercial-property solicitor with McDowell Purcell.

“Access should be considered at the outset of any wind-farm development and it is as important as securing the option to take a lease to construct the wind farm,’’ she says.

Firstly, a transport analysis is needed to look at how to get from the wind farm to a public road, and if the public road is wide enough for construction traffic. A local authority can confirm if the road is public and, if a public road needs an upgrade to accommodate large vehicles, the consent of the local authority is necessary.

The local authority will come to an arrangement with the wind-farm developer regarding maintenance of the public road during construction.

Some roads in rural areas, used by the public, are not in the charge of the local authority. In these cases, a wind-farm developer might need to upgrade these roads to a standard required by the local authority, prior to taking the road in charge.

Typically, these roads can be narrow and might need to be widened, which might involve agreement from landowners to give up strips of ground, or to widen bends.

Ms Flanagan says a developer should engage with the landowner as early as possible and the landowner should approach an estate agent for a valuation of the land. This will determine its value and make negotiations much easier for both parties.

A landowner should then seek legal advice on the option agreement for a grant of right-of-way.