Extending the Operating Period of a Wind Farm

Complex and Uncertain

As the Government published its Accelerating Renewable Electricity Taskforce Implementation Plan 2024 last month, a report for Wind Energy Ireland (“WEI”) concluded that approximately 200 wind farms across the State will require new Planning Permissions by 2040 or face shutdown (p9). Whether or not such Permissions will be granted is far from certain.

When Planning Permission is granted for a wind farm, the Permission will often be subject to a defined operating period under sections 34(4)(n) or 37G(7)(a) of the Planning and Development Act 2000 (“PDA 2000”). Even when such a period is not stipulated, the mechanical life of wind turbines is typically 25/30 years when work requiring a further Planning Permission will generally be required.

“Repowering Ireland”, by MKO Galway (“the Report”) highlights the complex issues that will arise upon such applications.

This is my longest Bulletin to date (approximately an 8 minute read) on a complex and important topic. I will look at;

• the potential imminent net decline in operational wind farms

• whether or not extending the operational period of wind farms is Development

• the obstacles to extending wind farms' operational period

• our limited experience to date

• the way forward

• conclusion

Sit down, consider reading this on something other than a 'phone, have a cup of coffee (buying one a week will cost you more than a paid subscription) and I shall begin...

The Imminent Net Decline in Operational Wind Farms

The MKO Report is the first assessment of the potential loss of generating capacity attributable to the expiry of Planning Permissions specifically and the Irish planning system generally (p3). It finds particular challenges for wind farms within or adjoining European Sites and in areas in which Local Authorities discourage wind farms in their Development Plans (p14).

Despite planning policy guidance promoting renewable energy, the Report details the dramatic decline in Planning Permissions for wind farms since 2020 compared with 2000/2019 (p7). The Report does not expressly say as much but if present rates of permitting are maintained and the decommissioning envisaged by the Report comes to pass there will be a net reduction in onshore wind generating capacity within just six years.

Extension of Operational Period is Development

The Report refers to both 'pure' extension of an original wind farm Planning Permission (without any changes either to its layout or to the installed turbines) and to 're-powering' which refers to full or partial replacement of turbine equipment to increase the efficiency and/or capacity of the wind farm (p4).

The Report states that even pure extension would constitute “development” under PDA 2000 (p4). I consider that opinion to be correct. It is inconceivable that operation beyond a stipulated date would not be regarded as development. I consider that the definition of development is sufficiently wide to accommodate a concept as abstract as pure extension – in the same way as 'intensification of use' can be sufficiently wide to constitute development.

In these circumstances, whether in respect of pure extension or re-powering, a Planning Application would be necessary under s32(1)(a) and (2) PDA 2000 to a planning authority or direct to the Board under s37A (the seventh Schedule to the PDA 2000 refers to “development comprising or for the purposes of” wind farms of a certain size) (emphasis added).

Applications to Extend Operation will be Complex

Such applications will not be straightforward, a fact recognised by Noel Cunniffee, the CEO of Wind Energy Ireland, who, in his Foreword to the Report, states that;

“We need to make it easier for wind farm owners to extend the duration of their planning permissions and, in the new Wind Energy Guidelines to be published before the end of the year, ensure the same problem does not arise in the future.”

“The Irish planning process continues to be the greatest barrier to the decarbonisation of our electricity system and to our country's energy independence.”

Obstacles to Extension

Why does WEI consider that the extension process needs to be made easier? Why might the planning process be a barrier to decarbonisation?

The Report considers three different areas, each of which it considers presents obstacles to the extension of operation and/or re-powering of existing wind farms.

Increased Regulation

The Report expresses concern that “present-day design, planning and environmental constraints” will either prevent extensions to existing Permissions or, where re-powering might be permitted, it will “most likely result in a reduction in overall installed MW capacities.” (p24).

The Report highlights in particular Local Authority Development Plans which provide for areas in which wind power is excluded or limited.

Draft Wind Energy Guidelines

The existing Wind Energy Development Guidelines (2006) are widely regarded as out of date by both advocates for and objectors to wind farms. The most recent replacement draft Wind Energy Guidelines (“WEGs”) were published in 2019. “The draft WEGs have the potential to pose a significant obstacle to re-powering and extension of life planning applications on existing wind farm sites.” (p25) (for example, through stricter noise, set-back and shadow flicker requirements). The general problem identified is that in their criteria, the WEGs do not distinguish between extending the operational period of an existing wind farms and new construction.

The Report states that “the [Government] should incorporate regulations in the WEGs which take a flexible and pragmatic approach to re-powering and extension of life applications and consider a more flexible approach on noise, visual amenity, setback and shadow flicker for these projects...” (p26)

Appropriate Assessment (“AA”)

Re-powering a wind farm and/or extending its operational period within or near a European Site highlights a potential conflict between measures designed to address 'climate' (wind energy) and measures designed to address 'biodiversity' (p29). The Report states that “innovative and collaborative solutions will be required to achieve the desired outcomes for all parties involved.” (p29)

The Report concludes that it is “likely” “that in many cases, there is the potential for a Competent Authority to conclude that a proposed re-powering or extension of life within or immediately adjacent to an SPA, individually or in combination with other plans or projects (even with mitigation) will adversely affect the integrity of the relevant SPA” thus making it impossible to grant Planning Permission (p31 and 34).

“In many re-powering or extension of life planning applications within or adjacent to a hen harrier SPA, there is potential for a negative outcome to any [AA] undertaken under Article 6(3) [Habitats Directive]” (p34).

Our Limited Experience to Date