A
BILL
TO
Give powers to local planning authorities to specify the minimum distances
permissible between onshore wind turbines of certain dimensions and the
nearest habitation; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
1 Local authority powers
Notwithstanding any existing statutory provision, local authorities may
specify a “recommended best practice set-back distance” between onshore
wind turbines and habitations in their neighbourhood development plans.
2 5Interpretation
In this Act—
-
“habitation” means any premises the main purpose of which is to provide
residential accommodation, including farmhouses; -
“neighbourhood development plans” has the same meaning as in the
10Localism Act 2011; -
“recommended best practice set-back distance” means the recommended
minimum distance between the onshore wind turbine and habitations
as set out in section 3.
3 Recommended best practice set-back distance
(1)
15The recommended best practice set-back distance shall be expressed as a
multiple of the turbine rotor diameter, and in the absence of a decision under
subsection (2), shall be ten times the turbine rotor diameter.
(2)
Local authorities wishing to increase or reduce the multiple will have the
power to do so only following a debate and a vote in a full Council meeting.
Onshore Wind Turbines (Proximity of Habitation) BillPage 2
4 Short title, commencement and extent
(1)
This Act may be cited as the Onshore Wind Turbines (Proximity of Habitation)
Act 2011.
(2)
This Act comes into force at the end of the period of three months beginning
5with the day on which it is passed.
(3) This Act extends to England and Wales only.