Eco-friendly townies need to ensure their wind turbines have access to an unrestricted air flow, says Jean Howell
The government has recently announced that planning permission may not always be necessary before wind turbines can be erected on urban homes, provided they have little or no impact on neighbouring properties.
Every freehold owner of land owns not only the surface of the land but the air above it “up to the sky”. Apart from any restrictions, such as aviation laws, planning restrictions or covenants against building, adjoining freeholders can build as high on their land as they wish.
This is unlikely to affect wind farms, but urban owner A intending to put a wind turbine on his house, office block or block of flats needs to ensure that his neighbour B (and also neighbours C, D and E) do not block the flow of air to the turbine. This may be done by express agreement, but is unlikely other than in return for some reciprocal advantage:
- If there is an agreement, A will want to ensure that it can be taken advantage of by X who buys
