Proposed Amendments to the Exempted Development Provisions of the Planning and Development Regulations, 2001 in Respect of Micro-Renewables

Transcription

1 Proposed Amendments to the Exempted Development Provisions of the Planning and Development Regulations, 2001 in Respect of Micro-Renewables Consultation Paper Introduction In recent years, there has been a significant increase in the level of interest in sustainable living and lifestyles. This greater awareness of the environmental impact of our activities has resulted in a growth in the numbers of people seeking permission to use alternative and renewable energy sources to heat or power their homes. The generation of renewable energy provides opportunities to address climate change, ensure security of supply and promote sustainable development. The Government has set a target for 30% of our total demand for electricity to come from renewable sources by Micro-renewable energy sources such as wind, solar and biomass will help achieve this target. These technologies will provide individuals with the opportunity to generate cleaner and cheaper energy from small-scale renewable sources in the home, community or workplace. Micro-renewables is the term used to describe a non-commercial renewable energy development, which provides heat and/or electricity to a single end user (e.g. a single dwelling house, office or community facility). While microrenewables generally refer to the actual renewable energy technology/ development, micro-generation refers to the production of heat (less than 45 kilowatt capacity) and/or electricity (less than 50kW capacity) from zero or low carbon source technologies. With this in mind, and allied to Government commitments to limiting the increase in greenhouse gas emissions under the Kyoto Agreement and to increasing the percentage of energy generated from renewable sources, the 1

2 Minister for the Environment, Heritage and Local Government asked that research should be carried out on the planning implications of renewable technologies to encourage the uptake of micro-renewables. As a result of this research, the Department has prepared this consultation paper which sets outs the main technologies involved and issues arising, and contains details of proposed exemptions and conditions under the Planning Regulations. The purpose of the paper is to seek views from parties who would have a significant interest in the issues involved so that a balanced approach can be taken to the scale and extent of the proposed exemptions. Accordingly, you are invited to make submissions on the draft paper by Friday 24 November Submissions should be returned in electronic format to the Department at: planning@environ.ie. In the meantime, any queries may be raised with either Úna McCafferkey at , una_mccafferkey@environ.ie, or Fergus Doyle at , fergus_doyle@environ.ie. 2

3 1. Micro-Wind Energy Micro-wind turbines have been used for many years in domestic, light industrial and farming applications for both water pumping and electricity generation. The power generated and associated carbon emission reductions per turbine are relatively small, but cumulative benefits could be significant. Micro-wind turbines are likely to increase in the coming years on homes and both commercial and public buildings. An average household (with a typical wind regime) can save approximately a third of its typical energy requirement by installing a domestic micro-wind turbine. Larger micro-wind systems can provide nearly all the energy required in a home. As the technology develops, the cost of micro-wind turbines is predicted to fall. To ensure that an adequate balance between maximising energy production and minimising unwelcome visual impacts, a range of related issues have to be carefully considered. A number of these, in particular visual impact and the potential for increased noise, are particularly acute in relation to buildingmounted turbines. The following planning issues apply to both free standing and buildingmounted turbines. Visual Impact The visibility of a particular wind system will depend on many factors, including tower height, proximity to neighbours and roadways, local terrain, and tree coverage. A wind turbine can affect the owner s view or that of their neighbours, and it might block or change an historic landscape. In most areas of Ireland, small-scale wind turbines are an uncommon sight so it is natural to expect some local reservations about their introduction. It is important to bear in mind that residential turbine rotors are much smaller in rotor diameter than the large-scale turbines. Also, some turbines have a 3

4 vertical rotation, i.e., the rotor blades pivot upright around the central mast. The "impact" of a visible small turbine depends to some extent on the eye of the beholder. Some people find on the aerodynamic design of the turbine graceful, others disagree. A study carried out by Sustainable Energy Ireland in 2003 ( Attitudes Towards The Development of Wind Farms in Ireland ) found that the overall attitude to wind farms is almost entirely positive. More than eight out of ten believe wind energy to be a very or fairly good thing. The study also highlighted that wind farms are seen in a positive light compared to other utility-type structures such as water towers, electricity poles and mobile phone towers that could be built on the landscape. Those with direct experience of wind farms in their locality do not in general consider that they have had any adverse impact on the scenic beauty of the area (or on wildlife in the area, or on tourism). Protected Structures, Architectural Conservation Areas, Areas of Special Planning Control, National Monuments A micro-wind turbine may be integrated into the curtilage of a protected structure subject to planning permission. When this is proposed, it should be carefully sited to lessen its visual impact on the protected structure and the surrounding area. It is important that views and vistas to and from these structures, monuments and sites should be considered when choosing the site of the turbine. Noise Most residential-sized wind generators are direct-drive devices with few moving parts. Unlike the utility-scale turbines used in wind farms, they do not have high-speed transmissions. Thus, most of the sound that comes from a residential sized wind turbine is aerodynamic noise caused by the blades passing through the air. The noise level of most modern residential turbines measures close to ambient noise levels under average wind conditions. Most residential turbines do not begin turning until a certain threshold, or "cutin" wind-speed is reached - typically about 7 m.p.h. so, on a calm, windless 4

5 day (or night), the turbine is still and silent. This type of turbine is a variable speed device, which turns faster, and thus creating more sound as wind speed increases. At the same time, the wind itself creates sound. These natural background sounds obviously also increase with wind speed, thereby effectively masking much of a small turbine's aerodynamic sound. Shadow Flicker Potentially, sunlight passing through moving blades can cause a flickering effect in 'line of sight' directions. The possibility of the shadow from the wind turbine causing flicker should be considered at the site selection stage as it is normally possible to avoid this problem. Reflections from the blades are unlikely, especially as coatings used on modern turbines have been refined to minimise reflection. Due to the small diameter and likely location of microwind turbines, the possibility of shadow flicker occurring is greatly reduced. Therefore in the majority of cases shadow flicker will not be an issue. Turbines mounted on buildings A number of issues are particularly relevant when consideration is given to exempted turbines which it is proposed to mount on the roof of a building. Visual Amenity Although comparisons may be made to roof aerials, the moving components on a wind turbine would give rise to a greater visual impact along a roofscape. Noise If a device which has a high sound level under certain wind conditions were to be installed on, for example, the roof of a terraced property and the horizontal distance to the nearest neighbours window was less than 15m, then there is potential for the WHO guidance sleep disturbance criterion to be exceeded (45dB(A)). Vibration Roof-mounted systems will transmit some energy to their support structure. 5

6 Good designs will seek to minimise the intensity of the vibration source and limit the transmission of the vibration to the structure. Anti-vibration mounts are generally used to mount turbines to structures. However, experience of the system effectiveness is still accumulating in this area and there are still some concerns about these turbines. Structural Damage Vibrations have the potential to cause long-term fatigue damage to the building structure, particularly in the case of turbines fitted to existing lightweight building structures. Safety If turbines are poorly fitted or the building is unable to support the structure, this may give rise to safety concerns. A larger degree of maintenance is also required and failure to conduct regular checks would increase potential for damage to neighbouring properties. Poor Installation The quality of installation has an impact of the effective operation of these turbines and the fitting of building mounted systems is not currently covered by any standards. This may lead to some turbines being poorly installed, increasing the probability of the issues highlighted above occurring. The proposed planning exemptions are the first designed to encourage uptake of micro-renewables. They are based on the current available technologies and in relation to small building-mounted domestic wind turbines the issues outlined above mitigate against their inclusion as exempted development. Nevertheless, where an individual wishes to install a buildingmounted wind turbine they may still do so subject to planning permission. As the technologies evolve, the exemptions can be reviewed and modified as necessary. 6

7 Recommendations It is recommended that the following development be classed as exempted development. Column 1 Description of Development Column 2 Conditions and Limitations The construction, erection or placing within the curtilage of a house of a wind turbine. 1. The turbine shall not be erected on the house or any building or other structure within its curtilage. 2. The height of the support tower shall not be less than 6 metres and not exceed 10 metres. 3. The length of a rotor blade shall not exceed 2 metres. 4. The supporting tower should be a distance of not less than one and half times the total structure height (including the blade of the turbine in its vertical position) from any party boundary. 5. No more than one turbine shall be erected within the curtilage of a house. 6. All turbine components shall have a matt, non-reflective finish and the blade shall be made of material that does not deflect telecommunication signals. 7. No sign, advertisement or object, not required for the functioning or safety of the turbine shall be attached to or exhibited on the wind 7

8 turbine. Questions Do have any comments on the proposed exemptions for small scale domestic wind turbines? 8

9 2. Solar Solar panels are the most common form of microgeneration equipment in Ireland. Solar energy has more potential for use in Ireland than most people realise - one square metre on a roof receives the equivalent of more than 100 litres of oil in free solar energy per year, (this is more than in Paris (SEI)). Three technologies have evolved to harness solar energy, namely; passive solar design, solar hot water systems and photo-voltaic cells (PV) which generate electricity from solar radiation. Depending on the intensity of the sunlight, the type of technology being used, and overshadowing trees and buildings, the amount of electricity produced from solar panels can vary. However, even on the cloudiest days energy comes from indirect sunlight, called diffuse solar radiation. On such days, PV cells can produce up to 30% of the power output of a sunny day. The inevitable differential between peak availability and peak demand of energy can be overcome by combining solar energy with a complementary technology such as wind, which has a different seasonal pattern. Both energy and carbon emissions savings can be made with solar technologies. The average domestic solar hot water system can reduce CO 2 emissions by tonne per year, depending on the fuel replaced, and provide almost all of a home s hot water during the summer months The planning implications of the installation of solar panels are discussed below. Visual Impact Solar panels can have a considerable impact on the appearance of properties, depending on their design and where they are located. Applicants will seek to put them on south facing roofs to maximise solar gain, regardless of whether this is a front or rear elevation. However, solar panels are now available in a range of colours, which simulate traditional roof tiles and slates, and so blend well with conventional pitched roofs. Transparent cells are also 9

10 available and these can be used on conservatories and glass to provide shading as well as generating electricity. Solar panels may also be mounted on walls or as a stand-mounted array, which may prove appropriate in some circumstances. The size of the array required will depend on the homes average electrical usage, climate, roof angle, shading problems or other factors. Each solar module generally measures 2 metre by 1 metre. As a general rule of thumb, each person s energy requirements are equal to square metres of a solar panel. Rooflines Solar panels should be flush with the roof and mounted at the same angle as the roof to minimise the contrast and visual impact. Protected Structures, Architectural Conservation Areas, Areas of Special Planning Control, National Monuments. Where it is proposed to install solar panels on a protected structure planning permission will continue to be necessary. In addition care must be taken to ensure respect is paid to the site and setting of protected structure, etc. If solar panels are being integrated into protected structures they should be concealed wherever possible. Overshadowing While a landowner has no automatic right to light from across neighbouring land, the recommendations of Site Layout Planning for Daylight and Sunlight: A Guide to Good Practice (B.R.E. 1991) or B.S Lighting for Buildings, Part : Code of Practice for Daylighting should be followed. Shading from trees, buildings, etc., can produce a significant decrease in system performance, and collectors should be positioned to minimise shading from the sun in the middle of the day. 10

11 Recommendations It is recommended that the following development be classed as exempted development. Column 1 Description of Development Column 2 Conditions and Limitations The installation or erection of a solar panel on, or within the curtilage of, a house. 1. The total area of any such panel, taken together with any other such panel previously placed on or within the said curtilage, shall not exceed 12 square metres or 50% of the total roof area, whichever is the lesser. 2. The distance between the plane of the roof or wall and the panel shall not exceed 15 centimetres. 3. The solar panel shall not extend beyond the edge of the wall or roof on which it is mounted. 4. The height of a free-standing solar panel array shall not exceed 1 metre, at its highest point, above ground level. 5. A free-standing solar panel array shall not be placed on or forward of the front wall of a house. 6. The erection of any free standing solar panel array shall not reduce the area of private open space, reserved exclusively for the use of the occupants of the house, to the rear of the house to less than 25 11

12 square metres. Questions Do you have any comments on the proposed exemptions in respect of solar panels? 12

13 3. Heat Pumps A heat pump extracts heat from outside a building and releases that heat at a higher temperature inside the building. The three main types of heat pump are Ground Source, Water Source, and Air Source. (a) Water Source There are two water source systems available; the closed loop system can be used if the site has an adequate water body, i.e., pond or lake, while the open loop system typically depends on groundwater. Both systems have a number of operational features, which effectively rule out any planning exemptions for water source heat pumps. These are: Ownership of Water Source - The person installing the water source heat pump (WSHP) should either own the water source or have an agreement with the owner that the water may be used. Risk of Contamination potentially arising from: Risk of the underground pipes/boreholes creating undesirable hydraulic connections between different water bearing strata, Undesirable temperature changes in the aquifer that may result from the operation of a WSHP, Pollution of groundwater that might occur from leakage of additive chemicals used in the system. (b) Ground Source The two types of ground source heat systems available are horizontal and vertical closed loop systems. Each system comprises lengths of pipe buried in the ground, either in horizontal or vertical trenches. While it is recommended that ground source heat pump (GSHP) systems (horizontal and vertical) be exempt form the planning process, it should be borne in mind that the householder must ensure that they have adequate 13

14 information about any services that may be located in the possible site for the ground loop (e.g., electricity cables, gas/water pipes) before construction begins. The following planning issues also must be considered by planning authorities and prospective users of ground and water source heat pumps; Noise - A heat pump contains electric motors, which do make noise. However, most units are fitted with extensive sound insulation to minimise emissions and as ground source heating pumps have no outside condensing units, ambient noise levels are significantly reduced. When running, its sound is similar to that of a freezer or a washing machine. Archaeology - As the installation of ground source heat pumps will require the excavation of trenches or deep boreholes it is important to consider in advance whether archaeological remains exist on the development site and what the implications of the development might be. Consent from the Minister for the Environment, Heritage and Local Government to carry out the works may be required in certain instances, or planning permission may be required if the area is a protected archaeological site. (c) Air Source Air source heat pumps extract the heat in air and use a fan to draw air over coils that extract energy. This energy is then transferred to a home or building and used as part of a heating supply. Air source heat pumps can be used for a wide variety of applications such as cooling for lofts, restaurant kitchens and hotel plant rooms where the hot water can easily be used for other applications. They can provide hot water using waste heat in the air. By using waste heat, they can also remove heat from an area, such as a loft space, where it is not needed. Visual impact and noise are the main planning issues to be considered in relation to the installation and use of air source heat pumps. 14

15 Visual Impact The outdoor unit should be placed where it is protected from prevailing winter winds, which can intensify frost build-up on the coil that transfers heat. An ideal location is on the south side of a house, shaded by deciduous trees in the summer. During the winter, sunlight passing through the bare branches helps warm the unit. However, the south side of the unit may be the public side of the house and this could create some visual impact. Noise The outdoor units of some air-source heat pumps can create noise. To avoid noise becoming an issue, the outdoor unit should be located away from windows and adjacent buildings, and a heat pump with the lowest outdoor sound rating should be selected. All heat pumps have sound ratings in units of db(a); the lower the rating, the quieter the unit. Mounting the unit on a noiseabsorbing base can also reduce noise. Recommendations Due to the risk of water contamination, it is recommended that the closed loop system, which utilises open water, and the open loop system, which depends on groundwater, will not be exempt from the planning process. It is recommended that the following development be classed as exempted development. Column 1 Description of Development Column 2 Conditions and Limitations 1. The installation within the curtilage of a house of a ground heat pump system (horizontal and vertical). 1. The level of the ground shall not be altered by more than 1 metre above or below the level of the adjoining ground, 2. The installation of an air 1. The total area of such a heat pump, 15

16 source heat pump on, or within the curtilage of a house. taken together with any other such pump previously erected, shall not exceed 2.5 square metres, 2. No such pump shall extend beyond the edge of the roof or wall on which it is mounted. 3. No such structure shall be erected on, or forward of, the front wall or roof of the house, 4. Noise levels must not exceed 45db(A) during normal operation, or in excess of 5db (A) above the background noise, whichever is greater, as measured from the nearest neighbouring inhabited dwelling. Questions Do you have any comments on the proposed exemptions in respect of heat pumps? 16

17 4. Small Scale Biomass The terms biomass or bioenergy are used to describe energy resources derived from organic matter, such as residues from forestry, agriculture and industry, or from purpose grown crops. These resources can be used to provide heat, electricity and transport fuels. Biomass currently provides approximately 1% of Ireland s energy needs in the form of domestic and industrial wood heating. Bioenergy can be exploited primarily through: Combustion: Biomass (e.g., wood pellets) can be burned to provide process and/or space heating. The combustion of biomass can also be used to raise steam to drive engines / turbines which are coupled to generators producing electricity. Anaerobic digestion: Biomass (e.g., animal manure) can be transformed to biogas by anaerobic digestion and the biogas can be used to fuel a gas engine or gas turbine, or burned in a boiler to provide heat or to raise steam. Other technologies for the exploitation of bioenergy include gasification and pyrolysis but these are not as commercially developed as combustion and anaerobic digestion. New Buildings Some micro-biomass schemes involve the construction of outhouses and areas to store the materials. If a new building is required (e.g., shed type structure) adjacent to the premises, it should comply with the conditions under Schedule 2, Part 1, Exempted Development General, Class 3. Access In some instances, alterations to the existing access points or the construction of a new means of access for service vehicles may be required. The relevant local authority should be consulted on this matter. 17

18 Flue Stoves require an insulated flue, the size of which varies with the size of the furnace. Proper chimney sizing and venting are extremely important to the efficient and safe operation of the furnace. The vent material must be specifically designed for wood fuel appliances and there should be sufficient air movement for proper operation of the stove. The flue must be in compliance with the Building Regulations (Technical Guidance Document J Heat Producing Appliances). Noise The pellet stoves may create some noise with the blower fan and turning augur, however, this has become less an issue with more recent stove technology, which is significantly quieter. Protected Structures, Architectural Conservation Areas, Areas of Special Planning Control, National Monuments Where a biomass appliance is proposed it will be subject to planning permission. Care must be taken to ensure respect is paid to the site and setting of protected structures, monuments and other important elements of the historic environment, including gardens and designed landscapes, and to important views and vistas to and from these buildings, monuments and sites. 18

19 Recommendations It is recommended that the following exemption replace the current class 2: Column 1 Description of Development Column 2 Conditions and Limitations The provision, as part of a heating system of a house, of a chimney or flue, boiler house or fuel storage tank or structure. 1. The capacity of an oil storage tank shall not exceed 3,500 litres. Questions Do you have any comments on the proposed exemptions in relation to domestic biomass energy sources? 19

20 5. Small Scale Hydroelectricity Hydroelectricity is derived from the power harnessed from the flow of falling water, typically from fast-flowing streams and rivers. In Ireland small scale hydroelectricity refers to an upper limit capacity of 10MW. Hydropower requires the source to be fairly close to the site of power usage or to the national grid. Turbines convert potential energy stored in the flow of water to produce electricity. The planning implications of the installation of a hydroelectricity plant are discussed below. Visual Impact Modern turbines may have visual impact, however, this can be easily mitigated through good design. Noise Some noise will be generated from the turbines however; the level should not be very significant due to their size. Environmental Issues Ecological implications would need to be fully assessed prior to commencement of the scheme. Many systems come with fish guards to prevent the entry of fish and other wildlife into the system. A Water Abstraction License, which is obtained from the local authority, will also set criteria to ensure that a residual flow is left to maintain the river and protect river ecology. Many turbines may actually improve the local quality of a river by aerating and increasing oxygen supply. Recommendation Due to the nature of this micro renewable technology, it is recommended that small-scale hydroelectricity should require planning permission. 20