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  • Erection of Wind Turbine deemed Exempted Development

    A query came before An Bord Pleanala in as to whether the erection of a wind turbine at Kealfadda, Goleen, County Cork is or is not exempted development.

    The planning authority noted that while such development is normally exempt under the Planning Regulations the restrictions on exemptions under Article 9 de-exempted the development because it is visible from a scenic route designated in the County Development Plan.  They declared that the turbine was not exempted development.

    Article 9(1)(a)(vi) of the Regulations de-exempts development which would interfere with the character of a landscape, or a protected view in a development plan or even a draft development plan.

    The An Bord Pleanala Inspector noted that the site is not located in a designated ‘scenic landscape’ but is visible from a number scenic routes designated in the Cork County Development Plan.  The key issue however was whether the turbine will interfere with the protected views.  He concluded that “the partial and intermittent sight of this turbine at considerable distance” would not constitute a planning impact.

    An Bord Pleanala agreed and issued an Order on the 12th October 2012 deeming the wind turbine to be development which is exempted development.

    Published on October 31, 2012 By:David Mulcahy · Filed under: Exempted Development, Green Energy, Rural Planning; Tagged as: , ,
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