Roof/Wall mounted: Domestic wind turbines do not benefit from permitted development rights in the same way as other rooftop equipment such as television aerials at present. In the absence of such rights, local planning authorities must judge whether planning permission is required for wind turbines on a case by case basis.
Permission is certainly required on and within the curtilage of listed buildings and within conservation areas. In determining applications for domestic wind turbines fixed to buildings, the local authority will assess the proposal in terms of: (i) how high it will extend above the highest part of the roof; (ii) where the turbine is to be positioned on the property; (iii) the size and design of the turbine; (iv) the visual impact of the turbine; (v) the noise impact of the turbine; (vi) vibration and safety.
Freestanding: Class E of the General Permitted Development Order (GPDO) permits the provision of any ‘building’ in the curtilage of a dwelling house but this does not include plant and machinery. The courts have held that plant and machinery should be judged separately from a ‘buildi
ng’ by reference to size, permanence and physical attachment to the ground. As a freestanding turbine is likely to be a permanent structure of some size, this will constitute development and planning permission is required.
National Planning Guidance: Planning Policy Statement 22 is a relatively new document (2004) and provides guidance on all forms of renewable energy. In terms of domestic wind turbines, the guidance is generally supportive and acknowledges that “small scale projects can provide a limited but valuable contribution to the overall outputs of renewable energy…Planning authorities should not therefore reject planning applications simply because the level of output is small”.
If you are considering installing a domestic wind turbine, please get in touch with us.
