Today's consultation on land-based wind energy held at the MEDLT involved representatives from different backgrounds, among others, RES and industry investors, local government representatives. The organizations attending today's meeting also included: The Polish Wind Energy Association, the Metallurgical Chamber of Industry and Commerce, the Electricity and Gas Consumers Forum, the Association of Rural Municipalities of the Republic of Poland. 

The benefits of wind energy

The main objective of the Act is to utilise the national land-based wind power potential and to increase the production of energy from renewable energy sources.

The investment in wind energy on land will help us to fulfil the principles of the Polish Deal. We are going to provide Polish citizens with access to clean and cheaper energy – it is particularly important for Polish families and for maintaining the competitiveness of the Polish industry

– Anna Kornecka, Deputy Minister of Economic Development, Labour and Technology said.

Our draft amendment to the distance Act meets the needs of local communities, giving citizens the right to decide where a wind power plant is going to be established

– she added.

The chairman of the Board of the Polish Wind Energy Association Janusz Gajkowiecki drew attention to the increasing public acceptance of wind farms installed on the land. In his opinion, the issues of health and its direct relation to air quality have become even more important in the face of a pandemic.

We are pleased that we are increasingly aware of the environmental benefits of developing wind energy on land. Each MW of wind energy is over 900 kg less CO2 emissions, as well as other harmful substances, and new solutions introduced just by leading manufacturers of our technology will make wind turbines fully recyclable soon

– Gajowiecki said.

10H Principle

The existing law of 20 may 2016 on investments in wind power plants introduced one of the most restrictive distance rules in Europe, known as the 10H principle, i.e., ten times the height of the wind power plant as the minimum distance of the new investment from existing residential buildings and nature protection areas. This was a response to the public dissatisfaction in some areas of the country due to the rapid development of wind power plants, especially in places where work was conducted without extensive consultation of the project.

The effect of this principle is to limit the possibility of setting up new wind power plants and launching new wind farm projects, as well as to block the development of residential construction in the vicinity of existing power plants.

The Ministry of Economic Development, Labour and Technology received petitions to liberalize the 10H rule from local authorities, organizations supporting the development of RES, local communities. The climate around land-based wind power plants has changed. According to surveys, 85% of respondents support the development of land-based wind energy. 75% of respondents support the construction of such farms in their area. In response to the demands of different environments, we have prepared a proposal for amendments to the so-called distance Act

– emphasized Deputy Minister Anna Kornetka.

Increasing the flexibility of the 10H principle

We have maintained the basic principle of setting up a new wind power plant - a new wind power plant can only be constructed based on the Local Spatial Development Plan. However, the obligation to establish the Local Spatial Development Plan or to alter it for investment will concern the area of the projected impact of a wind power plant rather than the entire area determined in accordance with the 10H principle.

We have also maintained the general principle of 10H, but in specific cases it will be up to the municipalities to decide how to designate the location of wind power plants under the local planning procedure. This means that the Local Spatial Development Plan may allow to determine another distance of the wind power plant from the residential building. It will be important to take into account the extent of the impact of the wind power plant and the absolute minimum distance from the residential buildings, which will be determined on the basis of the results of the environmental impact assessment carried out under the Local Spatial Development Plan. Forecasts made for a wind power plant project or an amendment to the Local Spatial Development Plan will have to be subject to mandatory negotiations with the Regional Environmental Protection Director instead of just issuing an opinion.

The final conditions of the location will be determined in the environmental decision for the investment issued by the Regional Environmental Protection Director (REPD) on the basis of a detailed environmental impact report, while maintaining a new absolute minimum distance from residential buildings.

The project will adopt an absolute minimum distance of the new wind power plant from residential buildings. The distance of 500 meters is considered to be the minimum, based on the practices in other EU countries and indicated in the scientific studies. In the case of municipalities in which land-based wind power plants have already been located, residential buildings may be located in their surroundings provided that the absolute minimum distance or greater requirements arising from approved protection zones around the power plant in the LSPP or in the environmental decision are met.

The minimum distance defined at the statutory level will no longer apply to determine the minimum distance of the wind power plant from nature conservation forms. The terms and conditions for the realization of the investment will be determined on the basis of analyses within the framework of environmental impact forecasts and decisions of the LSPP. They will also be reviewed and determined within the framework of the REPD procedure for issuing environmental decisions for a given investment on the basis of a detailed environmental impact report.