Advice on optimising Windfarm benefits

As wind farm developers seek to acquire land options around the country, Julisa Flanagan, Solicitor with McDowell Purcell Solicitors, advises that Tipperary landowners must be mindful of the steps to be taken before a development can begin.

Ms Flanagan outlines the necessary steps to ensure land value is optimised, as well as some of the many benefits that can come from selecting forested land as a location for wind developments.

Ms Flanagan said: “Developers are currently looking for land options across the country and forested land are suitable sites for wind farms, not least in terms of reducing visibility impact and the likelihood that they will be situated away from residential areas. Landowners should be aware however, that they require a special felling licence from the Minister for Agriculture, Marine and Food. While developers will usually undertake to secure the required permissions, there are three keys things which all landowners should be aware of to ease the process and maximise return on their land – licensing; need for a replanting site and compensation for any loss of grant aid.”

Typically an area of at least .5 of a hectare will need to be cleared of trees to accommodate a single turbine. If forested lands adjacent to a turbine affect the wind speed or patterns, a further application will need to be lodged to fell such trees. This is known as turbulence felling.

Ms Flanagan continued, “Given the Ministerial permission required for a felling licence and any additional turbulence felling required, early consideration should be given to who will take responsibility for this process – landowner or developer as failure to do so could delay the process considerably. Ideally an application for the felling licence should be made as soon as the grant of planning permission for the development. While in most cases, it will be up to the developer to ensure this happens, and to factor any associated costs into the project budget, landowners should ensure that compensation for the land and any refund of grants are agreed at the outset to protect their interests.”

Under the Forest Service policy, introduced in June 2011, there is also a requirement that the licensee or landowner must own an alternative replanting site at the date of the grant of the licence. While most often it will be up to the developer to demonstrate a suitable replanting site, landowners could enhance the value of their land if they are able to provide this.

Landowners should also be aware that all grants paid in respect of the deforested area have to be refunded to the Forest Service. No grant aid applies to the replanted sites and landowners should seek compensation in respect of losses on this front.