S.I. No. 235/2008 - Planning and Development Regulations 2008.

1. Characteristics of proposed development

The characteristics of proposed development, in particular

— the size of the proposed development,

— the cumulation with other proposed development,

— the nature of any associated demolition works,

— the use of natural resources,

— the production of waste,

— pollution and nuisances,

— the risk of accidents, having regard to substances or technologies used.”

GIVEN under my Official Seal,

2 July 2008

JOHN GORMLEY, T.D.

Minister for the Environment, Heritage and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

The purpose of these Regulations is to amend Schedule 2 of the Planning and Development Regulations 2001 to provide for exemptions in respect of renewable technologies for industrial buildings, business premises and agricultural holdings, and in respect of schools, demolition and private roads.

2. The total mast height shall not exceed 80 metres.

3. The mast shall be a distance of not less than

(

a

) the total structure height plus

(i) 5 metres from any party boundary,

(ii) 20 metres from any non-electrical overhead cables,

(iii) 20 metres from any 38kV electricity distribution lines,

(iv) 30 metres from the centrelines of any electricity transmission lines of 110kV or more.

(

b

) 5 kilometres from the nearest airport or aerodrome, or any communication, navigation and surveillance facilities designated by the Irish Aviation Authority, save with the consent in writing of the Authority and compliance with any condition relating to the provision of aviation obstacle warning lighting.

4. Not more than one such mast shall be erected within the site.

5. All mast components shall have a matt, non-reflective finish and the blade shall be made of material that does not deflect telecommunications signals.

6. No sign, advertisement or object, not required for the functioning or safety of the mast shall be attached to or exhibited on the mast.

”

Amendment of Schedule 5 of the Regulations.

7. Part 2 of Schedule 5 of the Regulations is amended by the insertion after paragraph 10(

d

) of the following

“(

dd

) All private roads which would exceed 2000 metres in length.”

and paragraph 13(

b

) of the following

“(

c

) Any change or extension of development being of a class listed in Part 1 or paragraphs 1 to 12 of Part 2 of this Schedule, which would result in the demolition of structures, the demolition of which had not previously been authorised, and where such demolition would be likely to have significant effects on the environment, having regard to the criteria set out under Schedule 7.”

Amendment of Schedule 7 of the Regulations.

8. Paragraph 1 of Schedule 7 of the Regulations is substituted with the following

“

9. Noise levels must not exceed 43db(A) during normal operation, as measured from the site boundary.

10. The fuel shall not include products derived from wood containing dangerous substances.

Temporary Structures and Uses

CLASS 19The erection of a mast for mapping meteorological conditions.

11. The turbine shall not be located within an Architectural Conservation Area.

(

d

) The installation or erection on or within the curtilage of an industrial building, or any ancillary buildings within the curtilage of an industrial building, of solar panels (thermal collector or photo-voltaic).

S.I. No. 235 of 2008

PLANNING AND DEVELOPMENT REGULATIONS 2008.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

4

th July

, 2008.

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by sections 4 and 262 of the

Planning and Development Act 2000

(No. 30 of 2000), hereby makes the following Regulations

Citation.