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Make
provision for a minimum distance between wind turbines and |
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residential premises according
to the size of the wind turbine; and for |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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(1) |
No relevant authority may
grant planning permission for the construction of a |
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wind turbine generator unless
it meets the minimum distance requirement |
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under section 2,
subject to the exception in section 3. |
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(2) |
“Relevant authority”
means the local authority or government department |
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with the power to grant planning
permission for a wind turbine generator. |
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2 |
Requirements
for minimum distance |
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(1) |
The “minimum distance
requirement” means the necessary minimum distance |
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between the wind turbine
generator and residential premises as set out in |
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(2) |
“Residential premises”
means any premises the main purpose of which is to |
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provide residential accommodation,
including farmhouses. |
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(3) |
If a number of wind turbine
generators are being built as part of the same |
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project the minimum distance
requirement applies to each wind turbine |
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(4) |
If the height of the wind
turbine generator is— |
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(a) |
greater than 25m, but does
not exceed 50m, the minimum distance |
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(b) |
greater than 50m, but does
not exceed 100m, the minimum distance |
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(c) |
greater than 100m, but does
not exceed 150m, the minimum distance |
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(d) |
greater
than 150m, the minimum distance requirement is 3000m. |
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(5) |
The height of the wind turbine
generator is measured from the ground to the |
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end of the blade tip at its
highest point. |
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(6) |
There is no minimum distance
requirement if the height of the wind turbine |
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generator does not exceed
25m. |
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(7) |
If planning permission is
granted on the condition that the proposed wind |
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turbine generator meets the
minimum distance requirement under subsection |
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(5) the actual height of
the wind turbine generator must not exceed the |
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maximum height in relation
to that minimum distance. |
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(1) |
The local authority may
grant planning permission for the construction of a |
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wind turbine generator which
does not meet the minimum distance |
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requirement under section
2(4)
if the condition under subsection (2) is met. |
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(2) |
The condition is that the
owners of all residential premises which fall within |
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the minimum distance requirement
for the proposed wind turbine generator |
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must agree in writing to
the construction of the wind turbine generator. |
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(3) |
It is the duty of a relevant
authority to ensure that no written agreement is |
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elicited by unlawful means
and that all necessary written agreements have |
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been received before planning
permission is granted. |
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(1) |
This Act shall be known
as the Wind Turbines (Minimum Distances from |
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Residential Premises) Act
2010. |
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(2) |
This Act extends to England
and Wales. |
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