I’m writing to you as I’m very bothered that a wind farm development has received planning permission from An Bord Pleanála, under the strategic development plan, to put its construction entrance just 60m from the gable end of my house. I put in an observation, but it has largely been minimised.
I had no objection to the wind farm itself, just the entrance, and asked that they relocate it, but the wind farm is refusing. Can you please advise what I can do, as I’m concerned about noise, destruction of my boundary hedge, dust and the possible effect it may have on my house’s foundations as they will probably have to blast the road foundation as it’s limestone.
There are two aspects you need to consider in relation to the situation you have outlined: (a) the planning status of the wind farm development and (b) the actions you may need to take in relation to your house.
In relation to (a), the planning application process for a wind farm development is comprehensive. As it typically requires site assessment, pre-planning consultations, public consultation and an environmental-impact statement, it is unlikely that any alteration would be considered now that permission has been granted.
Without details of the issues that arose during the consultation process or of the nature of the site, I do not see how any action you take would be effective. Just to note that a judicial reviews may be sought only in relation to procedural issues. The relocation of the entrance, however, would be a planning issue.
In relation to (b), the most potentially serious issue is the question of risk to your house structure. It is likely that a rock-breaking method that minimises vibrations would be used if it is necessary to excavate limestone.
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To deal with any structural damage that may occur it is essential that you have “before and after” evidence. It is therefore advisable that you engage a chartered building surveyor (or an engineer) to assess the risk to your property and to carry out a detailed inspection of the external and internal surfaces of the perimeter walls of your house and to place crack-measuring devices on any cracks, including hairline cracks, that may exist.
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The inspection should include a detailed photographic record of the wall surfaces. These actions are necessary so the surveyor can accurately monitor any changes during and after construction works. Your surveyor will also review the proposed road construction programme to assess the likely effects on your property in general and will liaise with the contractors on your behalf.
Contractors on projects that involve excavations or are likely to cause vibrations affecting nearby buildings will carry out monitoring, as described, to assess any liabilities they may incur in the event of subsequent claims for damages.
However, a contractor may consider that a 60m distance carries minimal risk and does not warrant such monitoring. In either case, if your surveyor believes there is a risk then you should have your own inspection and monitoring, as outlined, carried out.
In relation to your hedge, which I assume forms your boundary with the proposed development site, the developer of the wind farm is not permitted to substantially interfere with what is a shared boundary without your consent. Their permitted actions are limited to trimming overhanging growth on the development side. The inclusion of the hedge in your surveyor’s brief will ensure you have a record of its condition if you need to claim for damages. Your surveyor will also advise you if the planning permission includes conditions in relation to noise and dust emissions.
Ongoing communication and dialogue with the contractor, either directly or through your surveyor, is advisable to achieve the best outcome in dealing with your concerns.
Patrick Shine is a chartered geomatics surveyor and chartered civil engineer and a member of the Society of Chartered Surveyors Ireland
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