Sector Plan Areas allocated to Renewable Energy Production
Sector plan areas are allocated to renewable energy production by the Territorial Development Code (CODT). We will analyse those areas below.
Public service and community facility area
By virtue of Article D.II.26, the public service and community facility area is “intended for public benefit or general interest activities”. Once certain renewable energy production units are considered as constructions and facilities for the purpose of general interest within the meaning of Article D.IV.22, it should be considered that this type of area may accommodate these facilities.
Economic activity area
Article D.II.28 sets out that an economic activity area may comprise one or more wind turbines insofar as they do not compromise the development of the existing area.
In this provision, the legislator has specifically targeted wind turbines which, in our opinion, do not prevent production units of another technology from also being permitted in this area.
Area of regional interest
The area of regional interest set out and described in Article D.II.34 is intended to accommodate in the same way economic activities, constructions, public service and community facility developments as well as tourism or recreational facilities. Once the economic activities and community facilities are permitted in this type of area, it is hard to understand why renewable energy production units could not also be permitted here.
Agricultural area
In the agricultural area, referred to in Article D.II.36, power- or heat-generating modules which directly power any construction, facility or building located on the same real estate, are permitted insofar as they do not irreversibly compromise the purpose and/or use of the area. It may also comprise one or more wind turbines insofar as: 1° they are located close to the main communication infrastructures or to an economic activity area under the conditions set by the Government; 2° they do not irreversibly compromise the purpose and/or use of the area. It is specified in Article R.II.36-2 that the wind turbine mast is located at a maximum distance of one thousand five hundred metres from the axis of the main communication infrastructures within the meaning of Article R.II.21-1, or from the boundary line of an economic activity area.
Forest area
Article D.II.37 instructs that “the forest area is intended for forestry, silviculture and preserving ecological balance. It may comprise only constructions that are essential for cultivation, primary wood processing and woodland monitoring and surveillance. The production and recovery of electricity or heat from biomass mainly from forest logging and primary wood processing are permitted here as a side activity to forest activity.
It may also comprise one or more wind turbines insofar as: 1° they are located close to the main communication infrastructures under the conditions set by the Government; 2° they do not irreversibly compromise the purpose and/or use of the area.”
The Government has implemented this statutory provision in order to determine the methods and procedures for setting up wind turbines and biomass energy recovery units by means of Articles R.II.37-2 and R.II.37-3.
Source: Le Code du développement territorial
Associated areas of specialisation: Environment